In re Reed
May
14
2013
Ruling
Filing of IRS Form 1099-C for cancellation of debt did not prohibit bank from filing claim against debtor.
Procedural posture
Debtors filed an objection to the claim of creditor bank, which sought seeking to recover $12,075.17, including $5,074.18 principal balance and interest due under a promissory note after foreclosure of the underlying real property, plus attorneys' fees and collection costs.
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Court
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In re Loomis
Feb
25
2013
Ruling
Confirmation of chapter 13 plan denied as debtor was not an individual with regular income.
Procedural posture
Chapter 13 debtor sought to discharge obligations not dischargeable in a chapter 7 case through a plan that proposed to pay taxes, attorneys fees, and nothing else.
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Court
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In re Gacharna
Oct
19
2012
Ruling
Plan could not be modified to substitute payment for injunctive relief on claim based on settlement of trade secret action.
Procedural posture
Creditors objected to the modified plan filed by chapter 13 debtors.
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Court
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- 11 U.S.C.
In re Ashworth
Oct
01
2012
Ruling
Divorce judgment ordering debtor to pay alimony was a domestic support obligation.
Procedural posture
Chapter 13 debtor objected to a claim filed by a creditor, the debtor's former spouse.
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Court
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Davis v. Bank of Am. (In re Davis)
Aug
03
2012
Ruling
Chapter 12 case properly denied due to debt in excess of limits.
Procedural posture
Chapter 12 debtor appealed from an order of the United States Bankruptcy Court for the Central District of California, that determined she was ineligible to be a debtor in a chapter 12 bankruptcy, and dismissed her case. Debtor argued that, in light of her recent prior chapter 7 discharge, only the portion of secured debt up to the value of collateral should count in determining her chapter 12 eligibility under 11 U.S.C.S. § 101(18).
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Meadows
Jun
26
2012
Ruling
Chapter 12 case ordered converted or dismissed as gross receipts from sale of cattle could not be treated as gross income from farming operations.
Procedural posture
A bank, among other creditors, objected to confirmation of the debtors' chapter 12 plan of reorganization on the grounds that the debtors were ineligible to file under chapter 12 pursuant to 11 U.S.C.S. § 109(f) because they did not meet the statutory definition of "family farmer" in 11 U.S.C.S. § 101(18)(A), as they did not meet the income requirements and were not engaged in a farming operation.
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Court
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In re Ruitenberg
May
07
2012
Ruling
Non-debtor spouse's claim for pending equitable distribution allowed.
Procedural posture
A claimant, debtor's estranged wife, filed a claim in debtor's bankruptcy case for her anticipated equitable distribution award. The trustee in debtor's case objected to the claim asserting that she did not have a prepetition right to payment since equitable distribution had not been determined.
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Court
:
- 11 U.S.C.
In re Hassen Imps. Pship
Mar
07
2012
Ruling
Debtor's holdings did not constitute single asset real estate as noncontiguous leased parcels did not function as a single project.
Procedural posture
Movants, two city community development commissions (CDCs), asked the court to rule that the holdings of debtor limited partnership, a real estate developer that had leased certain real estate to affiliated entities, constituted "single asset real estate" (SARE) as that term was defined by 11 U.S.C.S. § 101(51B) so that the conditions for relief from stay in 11 U.S.C.S. § 362(d)(3) were met.
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Court
:
- 11 U.S.C.
In re Tepera
Feb
09
2012
Ruling
Award of fees to attorney for debtor's former spouse in divorce proceeding was a nondischargeable domestic support obligation.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and an attorney who represented the debtor's former spouse in a divorce action filed a claim in the amount of $129,388 against the debtor's bankruptcy estate and asserted that the claim was entitled to priority under 11 U.S.C.S. § 507. The debtor filed an objection to the attorney's claim.
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Court
:
- 11 U.S.C.
In re Throgmartin
Jan
05
2012
Ruling
Objection to claim for valid domestic support obligation overruled.
Procedural posture
A chapter 7 debtor objected to a claim of his former wife. The chapter 7 trustee filed a motion to determine that the claim was a domestic support obligation as defined in 11 U.S.C.S. § 101(14A). A creditor filed a response to the trustee's motion and a limited objection to the former wife's claim.
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Court
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