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§ 724(a)

Leite, In re--United States v. Mackenzie

Sep
03
2024
Ruling
District court erred in using the pro rata method for calculating the allocation of sale proceeds as it reduced the value of the unavoidable tax portion of the lien and disturbed the Bankruptcy Code's order of priorities without justification. (9th Cir.)
Issue(s)
Treatment of Certain Liens; Trustee’s Avoidance of a Lien.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1124-040
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Tillman, In re--United States v. Warfield

Nov
18
2022
Ruling
Bankruptcy trustee could not avoid a lien attached to exempt property which was no longerpart of the estate. (9th Cir.)
Issue(s)
Treatment of Certain Liens; Trustee’s Avoidance of a Lien.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 18, 2022 , LexisNexis #0123-72
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Robin Singh Educ. Servs. v. McCarthy (In re McCarthy)

Mar
22
2013
Ruling
Denial of discharge affirmed as alleged attention deficit hyperactivity disorder did not impact debtor's ability to make omissions or misstatements to shield assets.
Procedural posture

Creditor brought an adversary proceeding against debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on the debtor's false statements in omitting assets from his schedules. The debtor appealed the judgment of the U.S. Bankruptcy Court for the District of Massachusetts which denied the debtor's discharge.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 22, 2013 , LexisNexis #0413-132
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Hamilton v. Hamilton (In re Hamilton)

Jun
16
2008
Ruling
Discharge denied due to debtor's willful and malicious failure to feed and care for horses as required by divorce decree.
Procedural posture

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on false oaths, and seeking nondischargeability of debts to the spouse under 11 U.S.C.S. § 523(a)(6), (15) based on willful and malicious injury and failure to deliver personal property awarded to the spouse in the parties' divorce decree.

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Consumer opinion summary, case decided on June 16, 2008 , LexisNexis #0708-136
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