- 11 U.S.C.
Jones, In re--Jones v. Pennymac Loan Servs., LLC
Nov
20
2023
Ruling
Debtors' Fair Debt Collection Practices Act adversary proceeding dismissed as the debtors’schedules did not disclose the claims involved. (Bankr. S.D.N.Y.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.
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Court
:
- 11 U.S.C.
Jones, In re--Jones v. Pennymac Loan Servs., LLC
Nov
20
2023
Ruling
Debtors' Fair Debt Collection Practices Act adversary proceeding dismissed as the debtors’schedules did not disclose the claims involved. (Bankr. S.D.N.Y.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.
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Court
:
- 11 U.S.C.
Bundrick, In re
Sep
13
2023
Ruling
Bankruptcy court declined to reinstate debtor's Chapter 13 case where debtor had failed to filethe required documents. (Bankr. D.S.C.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
McGee, In re
Jan
13
2022
Ruling
Chapter 13 debtor could not be compelled by trustee to amend schedules and object to claimsthat were no longer part of the debtor's case following divorce. (Bankr. S.D. Ill.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.
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Court
:
- 11 U.S.C.
Stephenson v. Malloy
Oct
30
2012
Ruling
Debtor's inadvertent omission of cause of action from schedules did not bar trustee from pursuing case.
Procedural posture
The U.S. District Court for the Eastern District of Michigan granted summary judgment to defendants, a driver and the driver's employer, on debtor's negligence action, on grounds of judicial estoppel for the debtor's failure to list the suit as assets in his bankruptcy under 11 U.S.C.S. § 521(a)(1), denied the substituted plaintiff bankruptcy trustee's motion for reconsideration. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 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 Ferro
Dec
03
2009
Ruling
Dismissal vacated where debtor's counsel failed to properly advise debtor on bringing failure to receive payment advices to the attention of the court.
Procedural posture
The court held a hearing on debtor's emergency motion to vacate chapter 13 dismissal order. Two individuals opposed the motion.
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Court
:
- 11 U.S.C.
In re Wassah
Sep
17
2009
Ruling
Court refused to vacate dismissal of debtors' cases for failure to file required documentation.
Procedural posture
Two debtors filed motions to vacate the orders dismissing each of their respective bankruptcy cases.
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Court
:
- 11 U.S.C.
In re Ruiz
Jun
26
2009
Ruling
Debtor's failure to disclose property at creditor's meeting that it later claimed as exempt did not constitute bad faith.
Procedural posture
The chapter 7 trustee objected to an amended exemption of real property claimed by debtors. The trustee contended that debtors were judicially estopped from claiming the exemption based on the fact that debtors did not disclose the property until after the trustee did his own research and inquired about the property at the meeting of creditors, and that debtors amended their exemptions in bad faith.
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Court
:
- 11 U.S.C.
In re Hoff
Mar
23
2009
Ruling
Filing of Schedule I excused to allow court to set current monthly income of debtors with recent involuntary decrease in income.
Procedural posture
The debtors brought a motion to excuse the requirement, under 11 U.S.C.S. § 521(a)(1)(B), of filing a Schedule I, and for setting an alternative date for determining current monthly income under 11 U.S.C.S. § 101(10A)(A)(ii). A creditor objected to excusing the required filing of Schedule I.
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Court
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