- 11 U.S.C.
Williams v. Resurgent Capital Servs. L.P. (In re Williams)
Apr
02
2015
Ruling
Statute of limitations for debtor's action under the Fair Debt Collection Practices Act began to run on the date creditor filed its stale proof of claim, so that debtor's proceeding filed more than one year later was time-barred.
Issue(s)
Should debtor's Fair Debt Collection Practices Act proceeding be dismissed as untimely?
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Court
:
- 11 U.S.C.
Listecki v. Official Comm. of Unsecured Creditors
Mar
09
2015
Ruling
The First Amendment and the Religious Freedom Restoration Act did not bar proceeding for avoidance of transfer by Archdiocese of Milwaukee to cemetery trust.
Issue(s)
Did the bankruptcy court err in holding that actions of the official committee of unsecured creditors in seeking avoidance of transfer by debtor Archdiocese of Milwaukee to a cemetery trust were barred by application of the First Amendment and the Religious Freedom Restoration Act?
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Davison
Nov
24
2014
Ruling
Confirmation denied due to failure to give priority status to claim for former spouse's attorneys' fees, which was a domestic support obligation.
Issue(s)
Was claim for attorneys' fees of former spouse entitled to priority treatment?
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Court
:
- 11 U.S.C.
Jarman v. Gulfinance LLC (In re Jarman)
Sep
19
2014
Ruling
Lawsuit against non-debtor spouse was not a stay violation.
Issue(s)
Did creditor's filing of collection action against nondebtor spouse, who was not obligated on the debt, obtaining a default judgment and a subsequent garnishment, violate the automatic stay in debtor's case?
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Court
:
- 11 U.S.C.
In re Phillips
Jul
17
2014
Ruling
Best interests test is to be applied as of the effective date of the modified plan when seeking confirmation of the modification.
Issue(s)
In chapter 13 cases, where one debtor moved to modify the plan offering to pay less to unsecured creditors than under the original plan, and where the other debtor moved for a hardship discharge under 11 U.S.C.S. § 1328(b)(2), whether the 11 U.S.C.S. § 1325 best interest test should be applied with estate property valued as of the date of the original plan confirmation, as of the date of the modified plan, or the date of the hardship motion.
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Court
:
- 11 U.S.C.
Perry v. United States (In re Perry)
Mar
17
2014
Ruling
Bankruptcy court abstained from tax determination that would have no effect on unsecured creditors or administration.
Issue(s)
Should bankruptcy court determine extend of tax debt to IRS in no asset case?
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Court
:
In re Murphy
Feb
06
2014
Ruling
Funds on hand with chapter 13 trustee upon conversion or dismissal were property of debtor.
Issue(s)
What is the proper disposition of funds held by chapter 13 trustee after conversion to chapter 7 or dismissal?
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Court
:
( Judge Williams ) [ Bankruptcy Court ]
- 11 U.S.C.
Al-Riyami v. United States Dept of Educ. (In re Al-Riyami)
Jan
06
2014
Ruling
Student loan debt was dischargeable due to satisfaction of all three prongs of the Brunner test.
Issue(s)
Whether debtor was entitled to a discharge of her student loan debts under 11 U.S.C.S. § 523(a)(8).
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Court
:
Sanders v. Community Cars Inc. (In re Sanders)
Jan
03
2014
Ruling
Car company was liable for damages for repossession of vehicle in violation of stay.
Issue(s)
Should damages be assessed against creditor for repossessing debtor's vehicle in violation of the automatic stay.
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Court
:
- 11 U.S.C.
Cappello Capital Corp. v. AmericanWest Bank (In re AmericanWest Bancorporation)
Nov
13
2013
Ruling
Debtor's attorneys' fees approved as reasonable.
Issue(s)
Should debtor's attorneys' motion for supplemental fees and costs be approved?
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Court
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