- 11 U.S.C.
Montoya v. Campos (In re Tarin)
Apr
04
2011
Ruling
Check to wedding planner for debtors' daughter's wedding was not avoidable.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendant, the debtors' daughter, seeking to avoid a transfer under 11 U.S.C.S. § 548. The trustee alleged that the transfer was made with the intent to hinder, delay, or defraud creditors, or, alternatively, that the debtors were insolvent at the time of the transfer or became so as a result thereof and that they received less than reasonably equivalent value for the transfer.
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Court
:
- 11 U.S.C.
In re Market Ctr. E. Retail Prop.
Mar
30
2011
Ruling
Debtor's president's attorney awarded 15 percent of increased amount of sale proceeds attributable to attorney's efforts as fee.
Procedural posture
Debtor corporation filed a petition under Chapter 11 of the Bankruptcy Code, and an attorney and the attorney's law firm filed an application seeking compensation in the amount of $1,473,236 for serving as special counsel for the debtor in a dispute over the sale of real property. The debtor opposed the application.
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Court
:
- 11 U.S.C.
In re K-Ram Inc.
Mar
22
2011
Ruling
Creditor not entitled to proceeds of sale deposited in court registry as its security interest was unperfected.
Procedural posture
Chapter 11 debtor and a claimant filed cross motions for summary judgment to determine ownership of funds in the court's registry.
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Court
:
- 11 U.S.C.
In re Lancaster
Feb
03
2011
Ruling
Above-median debtors' case dismissed for abuse due to excessive disposable income.
Procedural posture
In this chapter 7 proceeding, the United States Trustee (UST) filed a Motion to Dismiss debtors' case for abuse under 11 U.S.C.S. § 707(b).
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Court
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In re Pfiester
Jan
24
2011
Ruling
Amounts recovered from credit card company were not exempt as they were paid voluntarily pursuant to marital settlement agreement.
Procedural posture
Debtor filed a petition under chapter 7 and claimed that money the chapter 7 trustee recovered from a credit card company was exempt from creditors' claims. The trustee filed an objection to the debtor's claim, and the debtor filed an objection to a final report the trustee filed because the trustee's objection had not been resolved.
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Court
:
- 11 U.S.C.
Marcott v. Luna (In re Luna)
Jan
18
2011
Ruling
Debtors' failure to record mortgage did not result in nondischargeable debt.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant Chapter 7 debtors, seeking a determination that the debtors owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2). The creditor filed a motion for partial summary judgment on his claim, and the debtors filed a cross-motion for summary judgment and asked the court to award them attorney fees and costs pursuant to § 523(d).
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Court
:
- 11 U.S.C.
In re Market Ctr. East Retail Prop.
Nov
30
2010
Ruling
Creditor's attorneys' fees allowed with one-third reduction.
Procedural posture
Debtor filed a petition under chapter 11, and a creditor filed a secured claim against the debtor's bankruptcy estate. In a prior ruling, the court allowed the creditor's claim in part and authorized the creditor to file a supplemental application for reimbursement of attorney fees and costs. The creditor filed a supplemental application for fees and costs, and the debtor filed an objection to the creditor's application.
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Court
:
- 11 U.S.C.
In re Schena
Oct
14
2010
Ruling
Debtor who elected federal exemption scheme could not invoke federal non-bankruptcy exemption for military retirement funds.
Procedural posture
Before the court was a creditor's objection to the chapter 11 debtors' claimed exemption of a checking account holding military retirement funds. Debtors had elected to use the "federal exemptions" under 11 U.S.C.S. § 522(b)(2). In Schedule C they claimed an exemption under 11 U.S.C.S. § 522(d)(10)(E) and 38 U.S.C.S. § 5301 for a bank checking account containing the sum of $10,800 (Account).
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Court
:
- 11 U.S.C.
Dorris v. Chacon (In re Chacon)
Oct
01
2010
Ruling
Relief from stay granted to allow sexual assault victim to pursue civil case against debtor who pled guilty to criminal charges.
Procedural posture
Plaintiff, a mentally disabled woman ("victim"), filed an adversary proceeding by and through her guardian, seeking a determination that claims she filed against defendant Chapter 13 debtor in a New Mexico court were nondischargeable under 11 U.S.C.S. § 1328(a)(4), an order granting relief from the automatic stay so she could proceed with an action that was filed in state court. The victim filed a motion for summary judgment.
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Court
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In re Borges
Sep
08
2010
Ruling
Debtor excused from compliance with credit counseling requirement due to effects of stroke but §1112(b)(2)(B) did not excuse debtor spouse's compliance.
Procedural posture
Debtors, a husband and wife, filed a petition under Chapter 11 of the Bankruptcy Code, and stated that they had completed, signed, and attached the "Individual Debtor's Statement of Compliance with Credit Counseling Requirement." The court found that the debtors had not attached that statement, and it issued an order to show cause why the debtors' case should not be dismissed.
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Court
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