- 11 U.S.C.
In re Residential Capital LLC
Jul
31
2014
Ruling
Successor mortgagor and servicer could not maintain claim against debtor assignee under state law for fraudulent lending practices of original mortgagee.
Issue(s)
Could former mortgage holder that purchased debtor's mortgages, did not play any role in their origination, and sold the mortgages but retained servicing, contest the dischargeability of debtor's loan debts on grounds of misrepresentation?
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Court
:
- 11 U.S.C.
Walston v. Pyod LLC (In re Walston)
Mar
17
2014
Ruling
Proof of claim for assigned debt allowed over debtor's objection.
Issue(s)
Whether creditor's claims should be disallowed under 11 U.S.C.S. § 502(b)(1) based on debtor's allegations that proofs of claim failed to provide evidence of a written assignment of the underlying debt from a bank to creditor and that statements in an affidavit by creditor's officer were inadmissible as hearsay.
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Court
:
- 11 U.S.C.
Archdiocese of Milwaukee v. Appeal of Doe
Feb
25
2014
Ruling
Bankruptcy court properly disallowed claim for sexual abuse that had been addressed in voluntary mediation program.
Issue(s)
Did Bankruptcy court properly disallow a claim for sexual abuse by a diocesan priest that had been settled in a voluntary mediation program, resulting in a release?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Residential Capital LLC
Feb
05
2014
Ruling
Borrowers' claim against debtor mortgage company that acquired note and deed of trust and commenced foreclosure upon borrowers' default disallowed.
Issue(s)
Did creditor borrowers present a valid claim against debtor lender based on allegedly improper foreclosure?
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Court
:
- 11 U.S.C.
Ball Four Inc. v. 2011-SIP-1 CRECADC Venture LLC (In re Ball Four Inc.)
Sep
30
2013
Ruling
Predecessor bank's alleged inequitable conduct was not grounds for disallowance of claim by successor creditor.
Issue(s)
Was purchaser of debtor's construction loan subject to disallowance of its claim due to mishandling of loan by original lender.
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Court
:
- 11 U.S.C.
In re M&M Mktg. LLC
Jul
30
2013
Ruling
Creditor's claim allowed in part despite disclaimer of interest in subject assets by debtor one month before executing note.
Issue(s)
[1]-Whether a creditor's claim was unenforceable and should be disallowed under 11 U.S.C.S. § 502(b)(1) based upon an allegation that the debtor's owner had turned over all of the debtor's assets to a third party by executing a disclaimer of interest a month before he executed the promissory note.
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Court
:
- 11 U.S.C.
In re Parrott Broad. Ltd. Pship
Jun
26
2013
Ruling
Claim disallowed where state law waiver of claim for unpaid wages was effective.
Procedural posture
A chapter 7 trustee in a case filed by a limited partnership (LP) filed an objection to an amended proof of claim filed by a chapter 7 trustee in the bankruptcy case of the LP's general manager. The claim alleged that the LP owed the general manager unpaid wages, asserted a right to priority under 11 U.S.C.S. § 507(a)(4), asserted statutory penalties on unpaid wages under Idaho Code Ann. § 45-615(2), and asserted a claim for an unsecured loan.
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Court
:
- 11 U.S.C.
In re Crutchfield
Apr
26
2013
Ruling
Proof of claim conforming to Rule 3001 allowed over debtor's objection.
Procedural posture
A chapter 13 debtor filed objections to certain claims under 11 U.S.C.S. § 502(b)(1) as unenforceable under Georgia law due to failure to produce a document showing assignment of the claims to the claimants.
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Court
:
- 11 U.S.C.
In re Castle Arch Real Estate Inv. Co. LLC
Apr
15
2013
Ruling
Indemnification claims disallowed except for rent claim conceded by trustee.
Procedural posture
A claimant filed a claim against a debtor for over $7 million in wages, rent, and indemnification relating to his work with the company prior to bankruptcy, and the Trustee objected to the claim. The court conducted a trial of the Trustee's claim objection and took the matter under advisement.
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Court
:
- 11 U.S.C.
In re Feaster & Sons Oil Distribs. Inc.
Sep
28
2012
Ruling
Balance of claim that creditor agreed to cap at time of sale order disallowed as no longer secured by property of the estate.
Procedural posture
A chapter 7 trustee objected to two claims of a creditor, contending that the claims were filed as secured claims but there was no property of the estate to which a security interest attached.
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Court
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