- 11 U.S.C.
In re Garza
Jun
21
2013
Ruling
Voluntary dismissal by substituted debtors denied as they would benefit from original debtors' nondisclosure of personal injury claim.
Procedural posture
Movants, substituted debtors and an individual, filed a motion to dismiss the chapter 7 case under 11 U.S.C.S. § 305(a)(1) or under 11 U.S.C.S. § 707(a) or in the alternative, to stay the case pending resolution of a California action.
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Court
:
- 11 U.S.C.
In re Wagner
Apr
30
2013
Ruling
False representations as to payment of loan for which creditor provided collateral resulted in nondischargeable debt.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud, and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on the debtor's false oaths.
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Court
:
- 11 U.S.C.
Wieland v. Assaf (In re Avitia)
Mar
29
2013
Ruling
Bankruptcy petition preparer fined for providing legal advice and engaging in fraudulent, unfair and deceptive conduct.
Procedural posture
This case came before the court on the court's Order to respondent, a non- attorney bankruptcy petition preparer (BPP), to show cause why fines, penalties, injunctive and other relief should not be ordered against him under 11 U.S.C.S. §§ 105, 110, 526. Movant was the U.S. Trustee, Region 19.
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Court
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In re Jimenez
Feb
01
2013
Ruling
Bank sanctioned for inclusion of unitemized appraisal costs and expenses in proof of claim.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the bank's proof of claim, alleging that the bank failed to properly itemize pre-petition interest, fees, expenses, and other charges included in the amount of its claim, as required under Fed. R. Bankr. P. 3001(c)(2)(A). The court held a hearing on the debtor's objection.
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Court
:
- 11 U.S.C.
Freeman v. Loomas (In re Loomas)
Jan
04
2013
Ruling
Attorneys' fees owed pursuant to order in domestic relations case were nondischargeable.
Procedural posture
The ex-wife of debtor moved for summary judgment on the issue of whether amounts owed by defendant debtor under state court domestic relations orders requiring him to pay attorneys fees incurred by plaintiff were nondischargeable in debtor's chapter 7 under 11 U.S.C.S. § 523(a)(5) and /or 11 U.S.C.S. § 523(a)(15). One issue was whether the claim for such fees was personally enforceable by plaintiff.
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Court
:
In re Riviera Drilling & Exploration Co.
Dec
19
2012
Ruling
Plan proposed after debtor failed to propose confirmable plan was in best interests of creditors and was confirmed.
Procedural posture
A chapter 11 trustee filed a motion to convert a small business debtor's case from chapter 11 to chapter 7. Several creditors objected to the motion. A proponent submitted an amended chapter 11 plan and disclosure statement, and certain creditors objected to plan confirmation. The court ordered briefing on the applicability of 11 U.S.C.S. § 1121(e).
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Court
:
In re Hutchins
Nov
27
2012
Ruling
Confirmation denied on grounds of bad faith and lack of feasibility.
Procedural posture
A hearing was held on confirmation of the debtors' chapter 13 plan and on their objection to a creditor's claim.
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Court
:
- 11 U.S.C.
Houlne v. Long (In re Long)
Sep
13
2012
Ruling
Debt to debtor's former partner was nondischargeable due to embezzlement.
Procedural posture
Plaintiff former partner filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a). The case was tried to the court.
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Court
:
In re Kubeczko
Jul
06
2012
Ruling
Debtor's student loan debt, incurred for child, could not be treated as long term debt due to unfair discrimination against general unsecured creditors.
Procedural posture
Debtor filed a proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation of the plan because the debtor treated his education loan debt as a long-term debt under 11 U.S.C.S. § 1325(b)(5), such treatment unfairly discriminated against other creditors in violation of 11 U.S.C.S. § 1325(b)(1).
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Court
:
- 11 U.S.C.
In re Manning
Jun
19
2012
Ruling
State court had jurisdiction to determine nondischargeability of unscheduled claims after discharge in no-asset case.
Procedural posture
Debtor wife sought an order requiring defendant creditors to show cause why they should not be held in contempt for violating the discharge injunction in 11 U.S.C.S. § 524 on account of their filing of a complaint (Suit) against debtors in state court. Issues included whether debtor's alleged debt to defendants had been discharged in the chapter 7 case and whether the state court enjoyed concurrent jurisdiction per 11 U.S.C.S. § 523(a)(3)(B).
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Court
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