- 11 U.S.C.
In re Smart
Mar
09
2015
Ruling
Debtors who surrendered property to lienholders, including homeowners' association, were not required to continue to make postpetition assessment payments.
Issue(s)
Was debtor who surrendered property to creditors, including a homeowners' association, obligated to continue making assessment payments to the association?
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Court
:
- 11 U.S.C.
Flanders v. Lawrence (In re Flanders)
Sep
16
2014
Ruling
Debtor who litigated issues relating to divorce settlement in state court could not seek to avoid the resulting orders for violating the discharge injunction.
Issue(s)
Did orders resulting from settlement in divorce proceeding in which debtor had litigated the issues violate the discharge injunction?
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Court
:
In re Conley
Jan
14
2014
Ruling
Plan modification to recharacterize allowed secured claim denied.
Issue(s)
Could debtor modify chapter 13 plan in order to recharacterize creditor's secured claim.
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Court
:
In re Baab Steel Inc.
Aug
22
2013
Ruling
Debtor's counsel not entitled to fees incurred in opposing involuntary petition.
Issue(s)
May debtor's counsel recover from the bankruptcy estate for services rendered in opposing the involuntary petition on the debtor's behalf.
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Court
:
- 11 U.S.C.
In re Rentie
Aug
08
2013
Ruling
Debtor could not modify plan to bifurcate previously nondischargeable claims.
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Court
:
- 11 U.S.C.
In re Knapp
Jul
05
2013
Ruling
Plan modification providing for surrender of mortgaged property denied.
Issue(s)
Whether debtors could modify their confirmed chapter 13 plan to provide for surrender of their residence to the holder of the first mortgage.
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Court
:
In re Jaussi
Mar
18
2013
Ruling
Trustee's motion for sale of real estate free and clear denied where proposed price was less than value of all liens.
Procedural posture
Before the court was a chapter 7 bankruptcy trustee's motion to approve sale of real estate free and clear of liens.
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Court
:
- 11 U.S.C.
Martin v. United States (In re Martin)
Nov
14
2012
Ruling
Tax returns filed after IRS assessment were sufficient to allow taxes owed for those years to be nondischargeable.
Procedural posture
In this adversary proceeding, debtor sought a declaration that the debt he owed the United States for his 2000 and 2001 federal income taxes was discharged in his chapter 7 bankruptcy. The United States asserted that this tax debt was non-dischargeable under 11 U.S.C.S. § 523(a)(1)(B)(i). The matter came before the court on the parties' cross motions for summary judgment.
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Court
:
Diamond v. Vickery (In re Vickery)
Jun
05
2012
Ruling
Debt resulting from debtor's raising of money for creditor and paying "expenses" to others was nondischargeable.
Procedural posture
Plaintiff creditor, a chapter 7 trustee for another bankruptcy estate, filed a complaint against defendant chapter 7 debtor seeking a determination that a judgment debt was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and/or (a)(6).
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Court
:
- 11 U.S.C.
In re Brundage-Bone Concrete Pumping Inc.
May
14
2012
Ruling
Lender group not entitled to administrative expense claims as not representing necessary, substantial contribution.
Procedural posture
This matter came before the court on the Motion for Allowance of Administrative Expense Claim filed by a Lender Group. The Motion was uncontested. The Lender Group requested that the court award them administrative expenses in the amount of $875,000 pursuant to 11 U.S.C.S. § 503(b)(3)(D), (b)(4), based on their claimed "substantial contribution" to debtors' bankruptcy estates.
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Court
: