MEMORANDUM DECISION AND ORDER ADDRESSING CROSS-MOTIONS FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR., Bankruptcy Judge. If a lienholder has no right to pursue payment of the debt secured by its lien as a personal obligation of the debtor, and the debtor pays the debt to avoid loss of the collateral, the result is this: the value of the lien has proven to be the amount of the payments made on account of that lien even though the lien would have fetched less had the collateral been liquidated. As a...
MEMORANDUM DECISION RE PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER OF APRIL 9, 2008 S. MARTIN TEEL, JR., Bankruptcy Judge. The instant adversary proceeding was commenced by the filing of a five-count complaint on September 23, 2004, which sought, inter alia, rescission of a loan extended by the defendant, James Thomas, to the plaintiff, Ethel Dawson, as well as damages, based upon violations of the Truth in Lending Act ("TILA"). More than three years after this proceeding was...
