- FRBP
Carter v. Hall (In re Hall)
Jun
10
2009
Ruling
Court declined to extend time for service of process in dischargeability proceeding.
Procedural posture
Plaintiff creditors filed an adversary proceeding objecting to discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6) against defendant chapter 7 debtor. Before the court was an order to show cause why the proceeding should not be dismissed for failure to properly serve the debtor. The creditors sought an extension of time for service under Fed. R. Civ. P. 4(m).
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Court
:
- 11 U.S.C.
In re Kruger Props. LLC
May
27
2009
Ruling
Court refused to vacate dismissal where case was filed solely to frustrate or delay sheriff's sale.
Procedural posture
The debtor filed a chapter 11 bankruptcy petition. The only secured creditor filed a motion to dismiss or, in the alternative, motion for relief from stay pursuant to 11 U.S.C.S. § 362(d), for abandonment of property pursuant to 11 U.S.C.S. § 554(b), a notice of opportunity for hearing. The debtor did not respond to the motion to dismiss and the court entered an order of dismissal. The debtor moved to vacate the order of dismissal.
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Court
:
- 11 U.S.C.
In re Quarles
May
13
2009
Ruling
Order for partial judgment obtained by defendants in case brought by debtor violated stay.
Procedural posture
A debtor filed for relief under chapter 7. The movants, a physician and a corporation, filed a motion for determination of the applicability of the automatic stay and notice of opportunity for a hearing. A trustee objected to the motion.
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Court
:
- 11 U.S.C.
Melnor Inc. v. Corey (In re Corey)
Oct
06
2008
Ruling
Bankruptcy court properly held that default judgment for debtor's failure to appear at trial was nondischargeable.
Procedural posture
Defendant debtor challenged a decision of the Bankruptcy Court for the District of Kansas that found that defendant creditor's claim against him was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court granted summary judgment for the creditor because it concluded that a prior judgment that the creditor had obtained in federal district court in Virginia had determined that the debt was procured by fraud.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Kendall
Dec
27
2007
Ruling
Claim disallowed due to lack of documentary support.
Procedural posture
The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
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Court
:
In re Callahan
Oct
11
2007
Ruling
Store inventory purchased from lessor was property of the estate.
Procedural posture
Plaintiff trustee sought summary judgment that defendant vendor's repossession of inventory in the possession of debtors was an avoidable preference under 11 U.S.C. § 547(b). Defendant cross-moved for summary judgment on a claim that the inventory, which debtors bought from defendant in connection with their lease of his convenience store, was not debtors'"property" under section 547 and that its value was less than the minimum required therein.
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Court
:
- 11 U.S.C.
In re Cloud
Nov
29
2006
Ruling
Case dismissed due to debtors' failure to timely file required copies of payment advices.
Procedural posture
The court noted that 11 U.S.C. § 521(i)(1) provided for the automatic dismissal of voluntary individual cases effective on the 46th day after the date of the filing of the petition if the documents described in 11 U.S.C. § 521(a)(1) were not filed within 45 days after the petition date. The court noted that it had no discretion to enlarge the time limitations of 11 U.S.C. § 521(i)(1) after the expiration of those time limitations. The husband debtor failed to timely file copies of all his payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). As a result, the bankruptcy case as to the husband debtor was automatically dismissed by operation of statute. The wife debtor declared, under penalty of perjury, that she did not receive any payment advices or other evidence of payment from any employer at any point during the 60 days before the petition date. Accordingly, the chapter 13 case as to the wife debtor was not dismissed.
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Court
:
- 11 U.S.C.
Caldwell v. Continental Am. Ins. Co. (In re Caldwell)
Sep
26
2006
Ruling
Overpayment of long term disability benefits was dischargeable.
Procedural posture
Plaintiff, a chapter 7 debtor, filed an adversary proceeding against defendant insurers for breach of a long-term disability insurance policy. Defendants countered with a demand that an alleged overpayment of benefits be ruled nondischargeable under 11 U.S.C. § 523(a)(2)(A) and that they recoup an overpayment of benefits that they claimed to have made, arguing that the funds were not estate property in the first instance.
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Court
:
In re Hentges
Sep
26
2006
Ruling
Involuntary petition properly filed against debtor who was hostile, litigious and used sham and artifice to avoid paying creditors.
Procedural posture
Petitioning creditors sought an order for relief against an alleged debtor under chapter 7 of the Bankruptcy Code. The creditors claimed that they were eligible to file an involuntary petition under 11 U.S.C. § 303(b) and that, except for debts that were subject to a bona fide dispute as to liability or amount, the debtor was generally not paying his debts as they became due.
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Court
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