- 11 U.S.C.
In re Tumblson
Mar
08
2016
Ruling
Case dismissed due to debtor’s failure to make mortgage payments as required under plan.(Bankr. E.D. Okla.)
Issue(s)
Should debtor’s chapter 13 case be dismissed where debtor was at least 28 months delinquent in her direct-pay home mortgage payment?
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Court
:
- 11 U.S.C.
Parker v. Parker (In re Parker)
Feb
19
2016
Ruling
Nondischargeability proceeding dismissed due to absence of fiduciary duty and insufficient allegations of embezzlement.
Issue(s)
Should creditor's nondischargeability proceeding be dismissed as insufficiently pled?
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Court
:
In re Bednar
Jan
22
2016
Ruling
Automatic stay did not extend to claims against debtor's LLC.
Issue(s)
Should the automatic stay be extended to cover claims against LLC owned by debtor?
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Court
:
- 11 U.S.C.
In re Stepp
Oct
23
2015
Ruling
Plan payments increased due to substantial increase in debtors' income.
Issue(s)
Was debtor's increase in income grounds for increase in chapter 13 plan payments?
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Court
:
- 11 U.S.C.
In re Johnson
Sep
10
2015
Ruling
Anti-modification provision did not apply to loan secured by debtors' residence and a van.
Issue(s)
Did the anti-modification provision apply to loan secured by both debtor's residence and a van?
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Court
:
- 28 U.S.C.
Holt v. Carlson (In re Carlson)
Jun
30
2015
Ruling
Bankruptcy court exercised permissive abstention with regard to dispute over home repairs.
Issue(s)
Should the bankruptcy court abstain from hearing state law dispute over repairs on debtor's fire- damaged residence?
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Court
:
- 11 U.S.C.
Trent v. Beneficial Fin. I Inc. (In re Trent)
Apr
01
2015
Ruling
Debtor who did not sign note and mortgage on home had standing to allege violations of the stay and discharge injunction based on notices to debtor's deceased spouse.
Issue(s)
Did debtor have standing to allege that lender violated the automatic stay by sending notices relating to enforcement of note and mortgage signed solely by deceased spouse?
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Court
:
- 11 U.S.C.
In re Yandian
Jan
14
2015
Ruling
Plan confirmed before the claims bar date had to be revised to accommodate timely claim of secured creditors.
Issue(s)
Could postconfirmation claims of secured creditors be allowed where the bar date had not yet passed when the claims were filed?
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Court
:
In re Jester
Dec
30
2014
Ruling
Debtor's motion to reopen to file claims against bank or debtor's attorneys denied.
Issue(s)
Should debtor be allowed to reopen his case in order to set aside a state foreclosure action and release the lien on his home, asserting that his debt to the lender was discharged in bankruptcy and the attempt to foreclose on the mortgage post-discharge is a violation of the automatic stay and discharge injunction?
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Court
:
- 28 U.S.C.
Corcoran v. Shelite (In re Shelite)
Nov
14
2014
Ruling
Bankruptcy court abstained from hearing adversary proceeding based on state law.
Issue(s)
Should the bankruptcy court abstain from hearing an adversary proceeding grounded in state law?
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Court
: