In re Corbo
Aug
11
2008
Ruling
Debtor's inability to both make plan payments and pay postpetition tax obligations did not require dismissal.
Procedural posture
Debtor filed a petition for relief under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. The court confirmed the debtor's plan, and three years later the debtor filed a motion to modify his plan. The chapter 13 trustee and the Internal Revenue Service (I.R.S.) filed objections to the debtor's modified plan and asked the court to dismiss the debtor's bankruptcy case.
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Court
:
In re Ansar
Mar
05
2008
Ruling
Trustee's motion to dismiss for abuse denied due to failure to file timely statement that case was or was not presumptively abusive.
Procedural posture
The United States Trustee (UST) filed a motion, pursuant to 11 U.S.C.S. § 707(b)(2), to dismiss a debtor's chapter 7 bankruptcy case.
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Court
:
- 11 U.S.C.
Fokkena v. Huynh (In re Huynh)
Jan
03
2008
Ruling
Discharge denied due to debtor's failure to explain loss of assets purchased on credit.
Procedural posture
Defendant debtor filed a petition under chapter 7, and plaintiff chapter 7 trustee was appointed to represent the bankruptcy estate. The trustee filed an adversary proceeding against the debtor, seeking judgment denying the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4), (5) and (7).
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Court
:
- 11 U.S.C.
Grobel v. Johnson (In re Johnson)
Nov
14
2007
Ruling
Breach of contract was not an intentional tort and did not render debt nondischargeable.
Procedural posture
Plaintiff creditor filed an action against defendant chapter 7 debtors, seeking a judgment finding that a debt one of the debtors owed was nondischargeable under 11 U.S.C. § 523(a)(6). The debtors filed a motion to dismiss the action for failure to state a claim upon which relief could be granted.
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Court
:
- 11 U.S.C.
In re Timber Lodge Steakhouse Inc.
Oct
29
2007
Ruling
Lessor's sale of premises after debtor's rejection of lease defeated any claim for future damages.
Procedural posture
The debtor filed an objection to a claim filed by creditor for an amount resulting from the debtor's rejection of a lease of Wisconsin real estate where the debtor had operated one of its restaurants.
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Court
:
In re Bulen
Sep
19
2007
Ruling
Debtors'attorneys'fees ordered disgorged due to improper retainer agreements.
Procedural posture
The U.S. Trustee asserted that counsel for bankruptcy debtors in separate cases misrepresented fees collected from the debtors, and the trustee moved for disallowance and disgorgement of all compensation, and for sanctions. The bankruptcy court sua sponte considered the propriety of counsel's retainer agreements with the debtors.
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Court
:
- 11 U.S.C.
Iannacone v. Katusky (In re Katusky)
Aug
06
2007
Ruling
Debtor's contingent interest in spendthrift trust was not property of the estate.
Procedural posture
Plaintiff trustee sought a determination that an interest held by defendant debtor in his deceased mother's trust was property of the bankruptcy estate under 11 U.S.C. § 541(a)(5).
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Court
:
- 11 U.S.C.
Sullivan v. Schultz (In re Schultz)
May
14
2007
Ruling
Transfer of disabled debtor's inheritance into special needs trust was not avoidable.
Procedural posture
Plaintiff chapter 7 trustee brought a complaint seeking to avoid the transfer of debtor's inheritance from her grandmother into a special needs trust as a fraudulent transfer pursuant to 11 U.S.C. § 548, to recover the transfer from the special needs trustee pursuant to 11 U.S.C. § 550(a). The issue was whether debtor received reasonable equivalent value, for purposes of 11 U.S.C. § 548(a)(1)(B).
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Court
:
- 11 U.S.C.
Jesperson v. United States Dept of Educ. (In re Jesperson)
Apr
16
2007
Ruling
Recovering alcoholic with two minor childred to support and record of low wages despite law degree granted undue hardship discharge of student loan debt.
Procedural posture
Chapter 7 debtor filed a complaint against defendant creditors, seeking a discharge of student loan debt owed to the creditors under 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Harwick
Oct
13
2006
Ruling
Debtor entitled to claim standard amount for vehicle owner expense.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
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