Weinman v. Delap (In re Delap)
Feb
04
2010
Ruling
Debtor's life estate and equitable ownership interest in non-exempt residential property were property of the estate.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the debtor and the debtor's spouse, seeking a determination of the respective rights of the parties in and to residential real property.
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Court
:
- 11 U.S.C.
Cofrin v. Anderson (In re Anderson)
Jan
29
2010
Ruling
Loan debt was dischargeable where creditor did not establish embezzlement.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant chapter 7 debtor, seeking nondischargeability of a debt under 11 U.S.C.S. § 523(a)(4) based on embezzlement and also seeking denial of discharge under 11 U.S.C.S. § 727(a)(5).
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Court
:
- 11 U.S.C.
In re Mendoza
Jan
21
2010
Ruling
Chapter 13 debtors who were not entitled to discharge could not avoid unsecured second mortgage.
Procedural posture
Debtors filed for chapter 13 bankruptcy, and an order of ineligibility for discharge was entered pursuant to 11 U.S.C.S. § 1328(f)(1). The debtors filed a motion to determine secured status pursuant to 11 U.S.C.S. § 506. The trustee objected to confirmation of the debtors' proposed chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Vail Plaza Dev. LLC
Jan
04
2010
Ruling
Joint plan proposed by bank and condominium owners found confirmable.
Procedural posture
In a debtor's chapter 11 case, four proposed reorganization plans were before the court to be considered for confirmation under 11 U.S.C.S. § 1129.
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Court
:
- 11 U.S.C.
Hill v. Taylor (In re Taylor)
Dec
03
2009
Ruling
Trustee could not use strong-arm powers to avoid deed of trust with error in legal description.
Procedural posture
Plaintiff chapter 7 trustee brought a proceeding against defendants debtor and a creditor, seeking (1) to avoid a Deed of Trust, sell a Property free and clear of liens, and obtain related relief based upon the potential avoidance of the Deed of Trust, and (2) to obtain a declaration that the re-recording of the Deed of Trust was in violation of the automatic stay and therefore a nullity. The trustee and the creditor each sought summary judgment.
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Court
:
In re Nelson
Dec
23
2008
Ruling
Model plan language added to paragraphs dealing with mortgage payments in four chapter 13 plans was disapproved resulting in denial of confirmation.
Procedural posture
The court ruled on creditors' objections to nonstandard language added to Paragraph V.G. in four proposed chapter 13 plan confirmations.
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Court
:
- 11 U.S.C.
In re Goldsboro
Sep
26
2008
Ruling
Debtors' economic stimulus payments were property of the estate and subject to turnover.
Procedural posture
Two pairs of debtors had filed for relief under chapter 7 of the Bankruptcy Code. In both proceedings, a chapter 7 trustee, filed a motion for the debtors' to turnover payments they received under the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613, as property of the estate, pursuant to 11 U.S.C.S. §§ 521 and 542. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Burckhalter v. Burckhalter (In re Burckhalter)
Jun
23
2008
Ruling
Debtor's obligation pursuant to divorce decree to pay marital credit card debt was nondischargeable.
Procedural posture
Plaintiff ex-wife filed a Fed. R. Civ. P. 56 motion for summary judgment on her adversary complaint seeking a determination that defendant debtor's child support arrearage and credit card debt covered under the divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15).
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Court
:
In re Springs Hospitality Inc.
Aug
22
2006
Ruling
Case filed as litigation tactic in dispute with creditor dismissed on grounds of bad faith.
Procedural posture
Chapter 11 creditor filed a motion to dismiss debtor's bankruptcy case pursuant to 11 U.S.C. § 1112(b) and a motion for relief from the automatic stay, 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
Peters v. Wray State Bank (In re Kerst)
Aug
08
2006
Ruling
Bank's delay of nine days in perfecting auto lien did not prevent a substantially contemporaneous transfer and could not be avoided.
Procedural posture
Debtor had a car loan with a lender. He refinanced his car loan with defendant bank. The bank's lien was recorded 47 days after debtor executed the security agreement. He later filed for bankruptcy. Plaintiff chapter 7 trustee sought to avoid the bank's lien. The bank argued (1) the transfer was protected under the earmarking doctrine or (2) it was substantially contemporaneous exchange for new value per 11 U.S.C. § 547(c)(1).
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Court
: