In re All B Excavating Co.
Jun
05
2013
Ruling
Claim balance reduced to reflect adequate protection payments on debtor's objection.
Procedural posture
In an adversary proceeding, the chapter 11 debtor objected to a creditor's proof of claim.
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Court
:
- 11 U.S.C.
Bean v. Bean (In re Bean)
Apr
29
2013
Ruling
Debtor's responsibility for second mortgage, a mortgage and credit line on a building and credit card debt were nondischargeable as owed pursuant to divorce decree.
Procedural posture
Former wife filed a complaint against chapter 7 debtor to determine the nondischargeability of debt under 11 U.S.C.S. § 523(a)(5) and (15). The former wife moved for summary judgment.
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Court
:
In re Ford
Mar
26
2013
Ruling
Relief from stay granted to allow shareholder of debtor's LLC to pursue order to require debtor to testify in action against LLC.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a shareholder who owned an interest in an LLC with the debtor and the debtor's wife filed a motion seeking relief under 11 U.S.C.S. § 362(d) so she could seek sanctions against the debtor because he refused to provide deposition testimony in a lawsuit she filed against the LLC in a Wyoming court. The court held a hearing on the shareholder's motion.
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Court
:
- 11 U.S.C.
In re Winchester
Mar
22
2013
Ruling
Relief from stay granted where debtor lacked equity in property not necessary to reorganization, which was not probable in reasonable time.
Procedural posture
This matter came before the court on the Application for Relief from Stay filed by a creditor and the objection filed by debtors. At the conclusion of a hearing, the court took the matter under advisement.
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Court
:
- 11 U.S.C.
Hernandez v. Hernandez (In re Hernandez)
Jan
28
2013
Ruling
Obligation pursuant to divorce decree to pay one half of mortgage on former marital residence was extinguished on foreclosure and not an ongoing nondischargeable domestic support obligation.
Procedural posture
Plaintiff ex-wife filed a complaint against defendant chapter 13 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(5) as a marital debt. The debtor filed a motion for summary judgment.
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Court
:
In re Ford
Jan
16
2013
Ruling
Creditor did not violate stay by filing foreclosure against LLC where debtor managing member's mortgage on the property was terminated prior to petition date.
Procedural posture
A chapter 11 debtor filed a motion for an order to show cause and/or for a contempt citation, alleging that a creditor violated the automatic stay under 11 U.S.C.S. § 362(a)(2), (3), and (6) with its pending proceeding in state court to foreclose on property owned by a limited liability company (LLC) and to have a receiver appointed to administer the LLC's rental income.
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Court
:
In re Wallace
Jul
16
2012
Ruling
Claims by creditor with whom debtor had long personal relationship disallowed as based on nebulous oral contract.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and an individual ("claimant") who lived with the debtor before the debtor evicted him from property the debtor owned in Wyoming filed multiple unsecured claims against the debtor's bankruptcy estate. The debtor filed an objection to seven claims the claimant filed, and the court held a hearing by video conference on the debtor's objections.
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Court
:
- 11 U.S.C.
In re Reedy
Jun
26
2012
Ruling
Confirmation denied due to excessive transportation deduction, resulting in payment of less than all projected disposable income to unsecured creditors.
Procedural posture
This matter came before the court for a telephonic hearing on confirmation of debtor's chapter 13 plan and the standing chapter 13 trustee's objection.
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Court
:
- 11 U.S.C.
In re Erickson
Apr
26
2012
Ruling
Confirmation of chapter 12 plan denied due to failure to pay unsecured creditors the same amount as they would received under chapter 7.
Procedural posture
When debtor moved for confirmation of his third amended chapter 12 plan, the trustee and one creditor objected. At issue was whether plan confirmation under 11 U.S.C. § 1225 was properly denied.
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Court
:
In re Zeigafuse
Apr
05
2012
Ruling
Confirmation denied due to questions regarding income, unreasonable payments and discrimination in favor of student loan creditor.
Procedural posture
Debtors, a husband and wife, filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A trustee filed an objection to confirmation of the plan.
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Court
: