In re Spraggins
Sep
03
2015
Ruling
Funds held by chapter 13 trustee had to be returned to debtor upon conversion.
Issue(s)
Whether the standing trustee may, after conversion of a chapter 13 case to a chapter 7 case, pay claims, including court ordered fees, from debtors' funds she has on hand?
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Court
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Nomellini v. United States of IRS (In re Nomellini)
Jun
25
2015
Ruling
Plan confirmation did not modify IRS lien rights, entitling IRS to a share of sale proceeds, despite payment of allowed claim in full through the plan.
Issue(s)
Was IRS bound to the amount of its secured claim as stated in and paid pursuant to confirmed chapter 13 plan or was it entitled to payment of the full amount of its claim from proceeds of sale of debtor's property by virtue of its lien?
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Court
:
Williams v. M. Bruenger & Co. (In re Brannan)
Jun
25
2015
Ruling
Trustee could not challenge secured status of creditor's claim after debtor's plan had been confirmed.
Issue(s)
Could trustee challenge the secured status of creditor's claim after debtor's plan had been confirmed?
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Court
:
In re Vazquez
Mar
31
2015
Ruling
Postconfirmation relief from stay denied as plan was binding on creditor.
Issue(s)
Could postconfirmation motion for relief from stay be granted?
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Court
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Pawtucket Credit Union v. Boyajian (In re Diruzzo)
Mar
31
2015
Ruling
Bankruptcy court erred in ordering creditor that did not file timely proof of claim to turn over payments received pursuant to confirmed plan that trumped the claims allowance process.
Issue(s)
Did bankruptcy court err in ordering credit union that did not file a timely proof of claim to turn over payments received under confirmed chapter 13 plan?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Covert v. LVNV Funding LLC
Mar
03
2015
Ruling
Postconfirmation unfair debt collection claims filed by debtor against creditor properly dismissed pursuant to res judicata.
Issue(s)
Were debtors' actions under federal and state fair debt collection practices laws properly dismissed?
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Court
:
Judge or Jurisdiction information not available
Mouraveiko v. Moglia
Feb
17
2015
Ruling
Debtor's attorneys' misrepresentations regarding debtor's elder abuse counterclaim against former business partner, which was property of the estate, were not due to bad faith, and not grounds for sanctions.
Issue(s)
Should bankruptcy court reconsider its denial of sanctions against debtor's attorney for filing meritless elder abuse counterclaim against creditor?
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Court
:
- 11 U.S.C.
In re Alonso
Jan
15
2015
Ruling
Bankr could not amend claim three months before debtor's final plan payment.
Issue(s)
Could creditor bank amend its claim three months before plan completion?
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Court
:
- 11 U.S.C.
In re Boyette
Oct
03
2014
Ruling
Claim of debtor's former spouse based on property division reduced to unsecured status.
Issue(s)
Was claim of debtor's former spouse a nondischargeable domestic support obligation?
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Court
:
- 11 U.S.C.
In re Pagn
Apr
14
2014
Ruling
Successor in interest was bound by plan confirmation when original creditor had not objected.
Issue(s)
Should debtor's objection to postconfirmation amendments to proof of claim by successor to original creditor be sustained?
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Court
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