- 11 U.S.C.
In re Aerobox Composite Structures
Jul
27
2007
Ruling
Licensor not entitled to order compelling debtor to reject executory agreement.
Procedural posture
A corporate debtor filed a petition under chapter 11, and a company that licensed technology to the debtor before the debtor declared bankruptcy filed a motion to compel the debtor to reject the parties'agreement or, in the alternative, for relief from the automatic stay.
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Court
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In re Cordova
Jul
16
2007
Ruling
Debtor's third chapter 13 case dismissed due to failure to demonstrate feasibility or filing of state tax returns.
Procedural posture
A debtor filed a voluntary petition under chapter 13, and a trustee was appointed to the case. The trustee filed a motion to dismiss the debtor's action, based on the debtor's failure to comply with requirements of the Bankruptcy Code, and several creditors supported the trustee's request.
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Court
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- 11 U.S.C.
In re Edmondson
Jul
11
2007
Ruling
Mortgage payment on rental property which debtor planned to surrender could not be included in calculation of projected disposable income.
Procedural posture
The debtors moved for confirmation of their chapter 13 plan. Creditor filed an objection.
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Court
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- 11 U.S.C.
Roswell Ford Lincoln Mercury Inc. v. Larsen (In re Larsen)
Jun
13
2007
Ruling
Stop payment order on check debtor gave to thrid party but presented earlier than debtor intended did not render debt nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor, seeking a judgment finding that a debt was nondischargeable because it was procured by false pretenses, a false representation, or actual fraud under 11 U.S.C. § 523(a)(2)(A), resulted from willful and malicious injury under 11 U.S.C. § 523(a)(6).
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Court
:
- 11 U.S.C.
Beery v. Gonzales (In re Beery)
May
30
2007
Ruling
Trustee could not be removed where delays in case were caused by debtor.
Procedural posture
Plaintiff debtor filed a motion under 11 U.S.C. § 324 seeking removal of defendant chapter 7 trustee, asserting that the trustee failed to timely administer the assets of the bankruptcy estate and that she failed to investigate a potential claim belonging to the estate. The trustee filed a motion for summary judgment.
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Court
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In re Valdez
May
17
2007
Ruling
Amended plan calling for sale of house and distribution of proceeds rather than monthly payments approved subject to four month limitation on sale.
Procedural posture
Debtors filed a voluntary petition under chapter 13 and a plan for paying their creditors. Several months later, they filed an amended plan and asked the court to approve their amended plan. A creditor opposed the amended plan.
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Court
:
- 11 U.S.C.
Southwest Fin. Of Alamogordo Inc. v. Valdez (In re Valdez)
Apr
17
2007
Ruling
Loan debt was dischargeable where alleged misrepresentations were not made by debtor but by debtor's father.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor, seeking a determination that debt owed it was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (B). The debtor requested attorneys'fees and costs under 11 U.S.C. § 523(d).
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Court
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In re Villegas
Mar
22
2007
Ruling
Debtor could not claim exemption in property recovered by trustee despite lack of objection.
Procedural posture
The chapter 7 trustee recovered a postpetition transfer under the authority of 11 U.S.C. § 550. The debtor, following the recovery, claimed a homestead exemption in the property. The trustee asserted that under the express language of 11 U.S.C. § 522(g), the debtor could not claim an exemption in the recovered property even though no objection to the debtor's claimed exemption was filed.
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Court
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- 11 U.S.C.
Alexander v. Hardeman
Mar
13
2007
Ruling
Bankruptcy court did not err in denying confirmation and dismissing case for bad faith due to debtor's failure to list all assets.
Procedural posture
Chapter 13 debtor appealed a decision of the Bankruptcy Court for the Western District of Oklahoma, which denied confirmation of debtor's plan under 11 U.S.C. § 1325(a)(3) and dismissed the case under 11 U.S.C. § 1307(c).
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In re Edmondson
Mar
05
2007
Ruling
Above-median debtors were restricted to expenses reported on Form B22C but actual income reported on Schedule I could be considered in determining projected disposable income.
Procedural posture
In connection with a final hearing on plan confirmation in a chapter 13 bankruptcy that was filed by above-median income debtors, the court considered whether "projected disposable income" (PDI) as described in 11 U.S.C. § 1325(b)(1)(B) was to be determined based solely on the contents of Official Bankr. Form B22C or whether it was appropriate to consider debtors'Schedules I and J in making such calculation.
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Court
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