- 11 U.S.C.
In re Foster
Mar
21
2016
Ruling
Bankruptcy court would not order turnover of collateral to creditor where proper remedy was relief from stay.
Issue(s)
Whether to grant a creditor's motion for an order compelling physical surrender of its collateral.
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Court
:
- 28 U.S.C.
Ally Fin. Inc. v. Miller (In re Miller)
Feb
09
2016
Ruling
Bankruptcy court could continue to exercise jurisdiction over tort, fraud and conversion claims that were related to debtors' bankruptcy.
Issue(s)
Should bankruptcy court dismiss claims of tortious interference, fraud, and conspiracy to commit fraud against debtors and non-debtors for lack of subject matter jurisdiction?
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Court
:
- 11 U.S.C.
In re Bias
Dec
29
2015
Ruling
Incarcerated debtor could not be excused from participating in creditor's meeting but could file a motion for participation by telephone.
Issue(s)
Could incarcerated debtor be excused from attending the meeting of creditors and be permitted to participate via interrogatories?
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Court
:
Kim v. Sun (In re Sun)
Aug
11
2015
Ruling
Bankruptcy court did not err in holding debt to be nondischargeable.
Issue(s)
Did bankruptcy court err in holding debt nondischargeable due to misrepresentations to creditor in sale of property?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Nachimson, In re
Sep
19
2014
Ruling
Debtor's 2015 and 2016 tax liabilities were excepted from debtor's discharge as they fell withinthe three-year look-back period. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Tax Period and Type.
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Court
:
In re Pauls Valley Hosp. Auth.
Jul
18
2013
Ruling
Chapter 9 debtor hospital required to pay legal fees and expenses of unsecured creditors' committee.
Issue(s)
Was chapter 9 debtor hospital required to pay attorneys fees and expenses of committee of unsecured creditors?
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Court
:
- 11 U.S.C.
Taylor v. Taylor (In re Taylor)
Sep
05
2012
Ruling
Debtor's obligation to former spouse incurred in connection with divorce decree was nondischargeable.
Procedural posture
Appellant chapter 7 debtor sought review of an order from the United States Bankruptcy Court for the District of New Mexico, which entered summary judgment against her on cross-appellant ex-husband's 11 U.S.C.S. § 523(a)(15) claim. The ex-husband appealed from the dismissal of his § 523(a)(5) claim and the bankruptcy court's failure to grant him attorneys' fees in connection with the summary judgment motion.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Rushton v. Bank of Utah (In re C.W. Mining Co.)
Sep
05
2012
Ruling
Bankruptcy court properly denied turnover of proceeds of CD liquidated postpetition where there would be no benefit to the estate.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant bank, seeking a determination that he was entitled under 11 U.S.C.S. §§ 549 and 550 to recover postpetition payments that were made to the bank or an order declaring that the bank's action in liquidating a certificate of deposit ("CD") was void. The U.S. Bankruptcy Court for the District of Utah granted the bank's motion for summary judgment, and the trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Eastern Savings Bank v. Toor (In re Toor)
Jun
22
2012
Ruling
Ruling that debtor's third case in one year was filed in good faith affirmed.
Procedural posture
Creditor challenged a decision of the United States Bankruptcy Court for the District of Connecticut, which granted debtor's motion to impose the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(C).
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Court
:
- 11 U.S.C.
Alli v. Boston Mkt. Co.
Sep
07
2011
Ruling
Wage and hour case dismissed as claims were not scheduled in plaintiff's prior bankruptcy case.
Procedural posture
Defendant employer filed a motion to dismiss plaintiff former employee's claims for unpaid overtime under the Fair Labor Standards Act, the Connecticut Minimum Wage Act, and New York Labor Law.
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Court
: