Anstine v. Peak Rehab. of Denver LLC (In re Smith)
Jun
22
2011
Ruling
Members of LLC ordered to turn over balance due on note to debtor, former member, regardless of whether non-disparagement clause was violated.
Procedural posture
Chapter 7 trustee filed a complaint against defendants for turnover of estate property pursuant to 11 U.S.C.S. § 542(b).
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Court
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In re Bank of Am.
Jun
21
2011
Ruling
Involuntary case dismissed due to ineligibility of petitioning creditors and likely dispute over validity of claims.
Procedural posture
Petitioning creditors filed a involuntary petition against alleged debtor. The alleged debtor filed a motion to dismiss the involuntary petition.
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Court
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Waknin v. Teta (In re Teta)
Jun
16
2011
Ruling
Debtor auto dealership owner's failure to pay off lien after sale of consigned vehicle resulted in nondischargeable debt.
Procedural posture
Claimants filed joint motions for entry of default and for default judgment pursuant to Fed. R. Bankr. P. 7055-1-(b) in their complaint against defendant debtor, alleging, inter alia, nondischargeability under 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(4), and § 523(a)(6).
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Court
:
- 11 U.S.C.
Frederick v. Hartmann (In re Hartmann)
May
25
2011
Ruling
Claim based on FINRA arbitration award dismissed as FINRA is not a federal or state judicial or administrative body.
Procedural posture
Debtor filed a motion to dismiss plaintiff investor's complaint, which sought to except from discharge an arbitration award pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6), and (a)(19).
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Court
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In re DB Capital Holdings LLC
May
25
2011
Ruling
Relief from stay granted due to lack of adequate protection, although prepetition waiver of stay was unenforceable.
Procedural posture
A creditor moved for an order granting relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) in three different cases. A debtor moved for an order pursuant to 11 U.S.C.S. §§ 105, 361, 362, 363, 364 and 502 approving postpetition financing. The creditor asserted the bankruptcy was filed on the eve of foreclosure for the purpose of hindering and delaying the creditor and that the debtor waived the automatic stay.
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Court
:
- 11 U.S.C.
Brown v. Sallie Mae Inc. (In re Brown)
Sep
23
2010
Ruling
Student loan debt was nondischargeable where debtor had some ability to repay debts.
Procedural posture
Plaintiff chapter 7 debtor's filed a complaint to determine the dischargeability of her student loan debt, asserting that the an outstanding balance, including interest, of $10,495.79 was dischargeable as an undue hardship within the meaning of 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Wing
Sep
09
2010
Ruling
Confirmation denied for failure to devote all projected disposable income to unsecured creditors.
Procedural posture
Chapter 13 debtors sought confirmation of their 36-month chapter 13 plan which provided for $2,180 for unsecured creditors. The trustee objected, arguing the debtors were above the applicable median income and therefore had to amend their plan to extend the plan to 60 months pursuant to 11 U.S.C.S. § 1325(b)(4).
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Court
:
- 28 U.S.C.
In re Graves
Apr
29
2010
Ruling
Debtor who was above poverty line denied permission to proceed with appeal of order for relief from stay in forma pauperis.
Procedural posture
The debtor filed a motion to proceed on appeal in forma pauperis with respect to the court's order in which it granted a creditor relief from the automatic stay.
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Court
:
- 11 U.S.C.
Williamson v. Hall (In re Hall)
Dec
04
2009
Ruling
Property obtained by debtor spouse following father's postpetition death was properly held not to be property of the estate.
Procedural posture
Plaintiff trustee appealed from an order of the bankruptcy court for the District of Kansas, arguing that court erred in determining that the debtors could each elect to exempt as a homestead a residence occupied by the family of one debtor but not by him personally on the date of filing; and that bank accounts on which the other debtor was a named beneficiary on the death of her father was not property of the bankruptcy estate.
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Court
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Judge or Jurisdiction information not available
In re Segura
Jan
09
2009
Ruling
Confirmation denied due to improper infringement of creditor's rights.
Procedural posture
The secured mortgage creditor filed an objection to the debtors' chapter 13 plan. The creditor did not object to the plan provisions for the secured claim and arrearages reflected in its filed proof of claim, but objected to language in the plan it argued impermissibly modified its lien in violation of 11 U.S.C.S. § 1322(b)(2) and (5).
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Court
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