- 11 U.S.C.
In re Gentry
Nov
15
2011
Ruling
Statement of intention to surrender property did not prevent debtor from claiming exemption.
Procedural posture
A chapter 7 trustee objected to a debtor's amended claim of homestead exemption under Fla. Const. art. X, § 4(a)(1) on the grounds that the debtor, having indicated his intent to surrender the property on the petition date, was not eligible for the exemption on that date.
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Court
:
- 11 U.S.C.
In re Herrera
Jul
08
2011
Ruling
Stay terminated with respect to debtor's vehicle due to failure to timely perform indentation.
Procedural posture
This matter came before the court on a creditor's motion for relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay and debtor's cross-motion to redeem a motor vehicle under 11 U.S.C.S. § 722, from the creditor's lien.
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Court
:
- 11 U.S.C.
In re Pulliam
Mar
31
2011
Ruling
Debtor held in contempt for failure to provide information to U.S. Trustee pursuant to court order.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion for an order requiring the debtors to show cause why they should not be held in contempt for violating the court's order to provide the UST with their son's address. The debtors filed an objection to the UST's motion.
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Court
:
- 11 U.S.C.
In re Bliek
Mar
08
2011
Ruling
Debtor could not seek to use automatic dismissal for failure to file required information in order to avoid court ordered sale of property.
Procedural posture
A chapter 7 debtor filed a motion to dismiss under 11 U.S.C.S. § 521(i)(1) on the basis that he failed to file all of the information required under 11 U.S.C.S. § 521(a)(1).
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Court
:
In re Wilson
Feb
24
2011
Ruling
Debtor could not belatedly claim state exemption not set forth in original Schedule C.
Procedural posture
Before the court was the trustee's motion to compel turnover and the trustee's objection to debtor's Amended Schedule C.
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Court
:
- 11 U.S.C.
Silverstein v. Wachovia Mortg. Corp.
Feb
07
2011
Ruling
Debtor had standing to assert fair debt collection practices claim that was sufficiently set forth in schedules.
Procedural posture
Plaintiffs, a Chapter 11 debtor and his spouse, sued defendant mortgage lender in California state court. Following removal, plaintiffs filed an amended complaint alleging violations of California Civ. Code § 1788 et seq. and the Rosenthal Fair Debt Collection Practices Act (RFDCPA), invasion of privacy, tort in se, and libel. The lender moved to dismiss or for a more definite statement.
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Court
:
- 11 U.S.C.
In re Molnar
Dec
15
2010
Ruling
Motor vehicle lien creditor not entitled to confirmation of termination of stay due to failure to respond to debtor's intent to redeem.
Procedural posture
A secured creditor holding the security interest on the respondent chapter 7 debtor's vehicle, filed a motion to confirm termination of the automatic stay, pursuant to 11 U.S.C.S. §§ 521(a)(2) or (a)(6), and 362(h)(1); the debtor filed a motion to extend the automatic stay.
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Court
:
- 11 U.S.C.
Padilla v. Prestige Fin. (In re Padilla)
Nov
16
2010
Ruling
Repossession of car less than 14 days after grant of relief from stay did not violate stay where debtor did not file timely statement of intention.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a secured creditor and the creditor's agent, claiming that defendants' actions in repossessing the debtor's vehicle violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy. The creditor filed a motion to dismiss the debtor's claims and the agent joined in that motion.
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Court
:
- 11 U.S.C.
In re Long
Oct
08
2010
Ruling
Debtor's request to excuse filing of Schedules I and J due to one time retirement account withdrawal denied.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and they asked the court to excuse them from duties they had under 11 U.S.C.S. §§ 521(a)(1)(B)(ii) and 101(10A)(A)(i) to file the form for reporting their monthly income (Schedule I), the form for reporting their monthly expenses (Schedule J), and the form for reporting their monthly disposable income (Official Bankr. Form 22).
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Court
:
- 11 U.S.C.
In re Bohannon
Oct
07
2010
Ruling
Trustee's motion to grant debtor portion of recovery to ensure cooperation in whistleblower lawsuit denied.
Procedural posture
A bankruptcy debtor's estate included a whistleblower lawsuit against the debtor's former employer for wrongful termination. To encourage the debtor to fully participate in the lawsuit, the bankruptcy trustee moved to grant the debtor a portion of any net recovery from the lawsuit, free of claims of the estate and creditors.
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Court
: