- 11 U.S.C.
United States Trustee v. Vigil (In re Vigil)
Oct
09
2009
Ruling
Discharge denied due to undisclosed property later transferred to debtor's father and false oaths.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtors' failure to disclose ownership of real property and false oaths made by the debtors.
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Court
:
Skehen v. Bare Bones Graphics (In re Sweet)
Feb
25
2009
Ruling
Recording of judgment transcript against debtors' property was an avoidable preferential transfer.
Procedural posture
Chapter 13 trustee filed an adversary proceeding against defendant creditor, seeking a judgment that a transcript of judgment the creditor recorded against property the debtors owned was a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Tso v. Nevarez (In re Nevarez)
Feb
25
2009
Ruling
Damages owed to passenger in motor vehicle accident cased by debtor were dischargeable absent intent to cause injury.
Procedural posture
Plaintiff passenger filed an adversary proceeding against defendant debtor, seeking a judgment that damages the debtor owed him for injuries he sustained in a motor vehicle collision were nondischargeable under 11 U.S.C.S. § 523(a)(6). The debtor filed a motion for summary judgment.
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Court
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In re Sterling Dev. Inc.
Jan
26
2009
Ruling
Stay modified for limited purpose of allowing bank to obtain final court approval of foreclosure sale.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and a bank filed a motion seeking relief from the automatic stay that was imposed, pursuant to 11 U.S.C.S. § 362, when the debtor declared bankruptcy. The debtor opposed the bank's motion, claiming that it should be given the opportunity to propose a plan of reorganization, as contemplated by 11 U.S.C.S. § 362(d)(3).
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Court
:
Hernandez v. Dorado (In re Dorado)
Dec
16
2008
Ruling
Breach of home construction contract did not give rise to nondischargeable debt.
Procedural posture
A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
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Court
:
Suelflow v. Ambank (In re Suelflow)
Oct
10
2008
Ruling
Debtor could claim new higher homestead exemption in order to avoid lien filed prior to increase in amount of exemption by state.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant judgment creditor alleging that the creditor's judicial lien constituted a preferential transfer, and seeking under 11 U.S.C.S. § 522(f) to avoid the lien which impaired the debtor's homestead exemption. The debtor moved for summary judgment.
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Court
:
New Mexico ex rel. King v. Johnson (In re Johnson)
Sep
24
2008
Ruling
Discharge denied due to debtor's false statements and concealment of property received from deceased mother's estate.
Procedural posture
Plaintiff State of New Mexico filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a debt the debtor owed was nondischargeable under 11 U.S.C.S. § 523, a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4). The State filed a motion for summary judgment.
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Court
:
In re Orbit Petroleum Inc.
Sep
05
2008
Ruling
Motion to dismiss or convert case denied where debtor proposed chapter 11 plan that would pay creditors in full.
Procedural posture
Creditors filed a motion to dismiss alleging several deficiencies as cause for dismissal or conversion under 11 U.S.C.S. § 1112(b).
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Court
:
- 11 U.S.C.
Pearson v. Stewart (In re Pearson)
Jul
28
2008
Ruling
Bankruptcy court erred in denying debtor's ownership expense on vehicle owned free and clear.
Procedural posture
Appellants, chapter 13 debtors, challenged an order of the Bankruptcy Court for the District of Wyoming confirming debtors' third amended plan on the ground that the bankruptcy court had erred in denying confirmation of their prior proposed plan in which they claimed vehicle acquisition allowances for two vehicles. The proper interpretation and application of the "means test" in 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) was at issue.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Schlueter v. State Farm Mut. Ins. Co. (In re Schlueter)
Jul
14
2008
Ruling
Bankruptcy court erred in holding unlisted claim nondischargeable given disputed factual issue of debtor's knowledge of claim.
Procedural posture
Plaintiff debtor challenged an order of the U.S. Bankruptcy Court for the District of Colorado which granted summary judgment to defendant claimant. At issue was the bankruptcy court's finding that 11 U.S.C.S. § 523(a)(3)(A) precluded debtor's discharge of the claimant's unlisted claim.
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Court
:
Judge or Jurisdiction information not available