- 11 U.S.C.
In re Deleplank
Oct
07
2014
Ruling
Debtor could avoid totally unsecured judgment lien on property that was debtor's domicile and residence.
Issue(s)
Could debtor claim state homestead exemption in property that had not been claimed as a homestead for real estate tax purposes?
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Court
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- 11 U.S.C.
Williamson v. Murray (In re Murray)
Mar
04
2014
Ruling
Bankruptcy court properly denied trustees' motions to use strong arm powers to defeat state law exemption claims.
Issue(s)
Should bankruptcy court have found that the trustees' strong arm powers defeated debtor's state law exemptions in federal and state tax refunds pursuant to earned income tax credit?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Nation
Jan
30
2014
Ruling
Claim for taxes for taxable year ending after petition date disallowed.
Issue(s)
Should claims filed by debtor on behalf of IRS for taxes for the taxable year ending after the filing of the petition allowed?
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Court
:
- 11 U.S.C.
Hukill v. Johns (In re Johns)
Feb
08
2013
Ruling
Debtor's failure to list assets of nominal value or alleged interest in spouse's bank account were not grounds for denial of discharge.
Procedural posture
Plaintiff creditor sued defendant debtor for a determination that her liability on an Oklahoma federal court default judgment was not dischargeable per 11 U.S.C.S. § 523(a)(6) and /or that debtor was properly denied a discharge per 11 U.S.C.S. § 727(a)(4). One issue was whether debtor acted improperly in failing to reflect on her schedules an alleged interest in a bank account owned by her husband that was "payable on death" (POD) to debtor.
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Court
:
- 11 U.S.C.
Santander Consumer USA Inc. v. Houlik (In re Houlik)
Oct
29
2012
Ruling
Award of sanctions for creditor's repossession of vehicle one year after confirmation and two months after case was closed without discharge reversed and vacated.
Procedural posture
Creditor challenged an order of the U.S. Bankruptcy Court for the District of Kansas awarding actual damages of $474 and punitive damages of $25,000 to appellees, the individual chapter 11 debtors, as a sanction for its repossession of their vehicle.
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Court
:
Judge or Jurisdiction information not available
Selby v. Perceptual Dev. Corp. (In re Selby)
Sep
24
2012
Ruling
Filing of action for postpetition violations of licensing agreement that was virtually identical to prepetition action violated discharge injunction.
Procedural posture
Plaintiff bankruptcy debtors brought adversary proceedings against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect debts which were discharged based on alleged breaches of a licensing agreement with regard to the creditors patents.
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Hambrick v. Perceptual Dev. Corp. (In re Hambrick)
Sep
24
2012
Ruling
Resumption of litigation for collection of damages based at least partially on prepetition conduct violated discharge injunction.
Procedural posture
Plaintiff discharged debtors filed complaints against defendants, a company and its principals, seeking damages for violations of the discharge injunction set forth in 11 U.S.C.S. § 524(a).
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Court
:
- 11 U.S.C.
In re Silver SRL
Jul
19
2012
Ruling
Relief from stay in chapter 15 case granted to allow creditor to pursue recoupment and setoff against debtor's Italian successor.
Procedural posture
A parts purchaser (also referred to by the court as a creditor) filed the pending Motion for Relief from Stay to allow Recoupment/Setoff against debtor's successor in liquidation (an Italian entity). Other matters before the court included Requests for Comity, and a request for turnover of funds by debtor's successor.
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Court
:
- 11 U.S.C.
Wogoman v. IRS (In re Wogoman)
Jul
03
2012
Ruling
IRS debt was nondischargeable where debtor failed to file return prior to assessment.
Procedural posture
Debtors brought an adversary proceeding against appellee Internal Revenue Service (IRS) seeking a determination that a tax debt to the IRS was not nondischargeable under 11 U.S.C.S. § 523(a)(1)(B)(i) because the debtors filed a tax return with regard to the debt. The debtors appealed the order of the U.S. Bankruptcy Court for the District of Colorado which granted summary judgment to the IRS.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Sivec Srl
Aug
18
2011
Ruling
Foreign main proceeding recognized but relief from stay granted to creditor due to improper notice.
Procedural posture
The representative of a debtor in foreign insolvency proceedings petitioned for recognition of the foreign proceeding, and a creditor objected to recognition and moved for relief from the automatic bankruptcy stay to allow the creditor's breach of contract action against the debtor to proceed in federal district court.
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Court
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