- 11 U.S.C.
Needham v. U.S. Dept. of Educ. (In re Needham)
Oct
23
2014
Ruling
Debtor who did not establish inability to maintain "minimum standard of living" denied undue hardship discharge of student loan debt.
Issue(s)
Did debtor meet the three prongs of the Brunner test so as to be eligible for an undue hardship discharge of her student loan debt?
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Court
:
- 11 U.S.C.
In re Robbins
Jul
14
2014
Ruling
Debtor could not modify timely filed claim secured by residence.
Issue(s)
Does the chapter 13 plan confirmation process trump the claim procedure preempting a secured creditor's timely filed proof of claim on debtors' residence?
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Court
:
- FRBP
r2 Advisors LLC v. Suncor Energy (U.S.A.) Inc. (In re Red Eagle Oil Inc.)
Mar
31
2014
Ruling
Permissive extension of time to serve alleged fraudulent transferee granted due to expiration of statute of limitations that would prevent refiling.
Issue(s)
Did good cause exist to justify a permissive extension of time for the trustee to serve avoidance proceeding on the transferee where service was made 33 days after deadline?
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Court
:
Barney v. Robinson (In re Talermo)
Jan
08
2014
Ruling
Security interests were preferential transfers since they were not created contemporaneous with loans.
Issue(s)
Were liens granted by debtor several days after receiving loan from creditor preferential transfers or subject to the contemporaneous exchange exception to avoidance.
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Court
:
- FRBP
In re Western Biomass Energy LLC
Dec
20
2013
Ruling
Settlement by trustee was unenforceable as specified conditions were not met.
Issue(s)
Should bankruptcy court approve and enforce previously denied settlement agreement in best interests of the estate.
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Court
:
- 11 U.S.C.
In re Findley
Nov
20
2013
Ruling
Debtor's attorney not entitled to direct payment of fees in failed chapter 13 case.
Issue(s)
Was debtor's attorney in failed chapter 13 case entitled to direct payment of outstanding fees.
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Court
:
- 11 U.S.C.
Haderlie v. Barney (In re Simkins)
Oct
29
2013
Ruling
Funds in account of debtor's father, who had Alzheimer's, were not property of the estate as debtor was joint owner solely to monitor father's spending.
Issue(s)
Were funds in accounts jointly owned by debtor with father property of the estate given that debtor became joint owner solely to monitor the spending of the father, who suffered from Alzheimer's.
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Court
:
- 11 U.S.C.
In re West Biomass Energy LLC
Aug
06
2013
Ruling
Approval of sale of assets denied due to grossly inadequate price.
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Court
:
- FRBP
In re Rich Global LLC
Jul
16
2013
Ruling
Settlement of cross appeals of judgment approved as in best interests of the estate.
Procedural posture
A creditor obtained a substantial judgment against a bankruptcy debtor, and the debtor and the creditor cross-appealed the judgment. The bankruptcy trustee moved for approval of a settlement to resolve the cross-appeals.
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Court
:
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
: