- 11 U.S.C.
Lane v. Barney (In re Lane)
Mar
07
2016
Ruling
Bankruptcy court did not err in imposing sanctions against debtor for placing lis pendens on property, impeding sale of the property by trustee.
Issue(s)
Whether the bankruptcy court abused its discretion in imposing sanctions against debtor for interfering with the sale of estate assets?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Elkouby
Feb
29
2016
Ruling
Where debtor indicated intent to abandon property, the property was abandoned back to debtor upon closing of case.
Issue(s)
What was effect of debtor's expressed intention to surrender property after closing of the case?
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Court
:
- 11 U.S.C.
In re Marcott
Feb
19
2016
Ruling
Dismissal of chapter 13 case for failure to file statement of monthly income set aside.
Issue(s)
Could chapter 13 debtor's motion to set aside dismissal for failure to file a statement of current monthly income within 45 days of the petition date?
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Court
:
- 11 U.S.C.
In re Benton
Feb
12
2016
Ruling
Failure of debtors to sign petition was not grounds for voluntary dismissal.
Issue(s)
Could debtors voluntarily dismiss their case as invalid due to their failure to sign the original petition?
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Court
:
- 11 U.S.C.
In re Sann
Feb
10
2016
Ruling
Incarcerated debtor not entitled to a stay pending release from prison. (Bankr. D. Mont.)
Issue(s)
Should incarcerated debtor’s chapter 7 case be stayed until after debtor’s release from prison?
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Court
:
- 11 U.S.C.
In re Guerra
Jan
28
2016
Ruling
Creditor could not reopen case to compel debtor to surrender property due to passage of time between debtor's original indication of intent to surrender and later successful foreclosure defense.
Issue(s)
Should discharge be revoked where debtor originally indicated an intent to surrender home to secured creditor but later successfully defended the creditor's foreclosure action?
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Court
:
- 11 U.S.C.
In re Williamson
Nov
02
2015
Ruling
Secured creditor could not obtain order to compel debtor to redeem property securing debt or reaffirm the debt.
Issue(s)
Whether a creditor can obtain an order compelling debtors who wish to retain personal property subject to the creditor's security interest to either enter into a reaffirmation agreement or redeem the property?
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Court
:
- 11 U.S.C.
In re Deaurora
Apr
10
2015
Ruling
Relief from stay granted to allow for resolution of creditor's long-running dispute with debtor.
Issue(s)
Should the automatic stay be modified to allow creditor's prepetition lawsuit against debtor to proceed to a final judgment?
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Court
:
- 11 U.S.C.
In re Trussel
Mar
05
2015
Ruling
Debtor could not be compelled to reaffirm debt in accordance with stated intention absent bad faith.
Issue(s)
Could debtor who had stated intention to surrender property be compelled to do so?
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Court
:
- 11 U.S.C.
In re Failla
Dec
19
2014
Ruling
Debtors who had pledged to surrender property could not defend against state court foreclosure of the property.
Issue(s)
Could debtors who had sworn to surrender property oppose foreclosure of that property in state court?
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Court
: