In re Greenlee
Jan
07
2010
Ruling
Creditor who did not object to confirmation of plan could not claim discriminatory treatment.
Procedural posture
One of the chapter 11 debtors filed an objection to a claim of a creditor, alleging that the claim was not secured, as it was filed, but was due to be paid as an unsecured deficiency claim. The creditor conceded that the claim was not secured but contended that the plan provided discriminatory treatment of its claim in violation of 11 U.S.C.S. §§ 1122(a) and 1123(a)(4).
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Court
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In re Keith T.
Dec
30
2009
Ruling
Case ordered converted to chapter 13 or dismissed for abuse due to indicia of bad faith.
Procedural posture
This matter came before the court on the U.S. Trustee's (UST) motion to dismiss debtors' chapter 7 for abuse pursuant to 11 U.S.C.S. § 707(b).
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Court
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In re Howeser
Dec
08
2009
Ruling
Fee application denied due to debtor's attorneys' pre- and post-petition representation of creditor with interest adverse to estate.
Procedural posture
A law firm filed an application for an award of compensation for services to the estate of a chapter 11 debtor. Objections to compensation were filed pursuant to 11 U.S.C.S. § 328(c).
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Court
:
- 11 U.S.C.
Marchetti v. Hines (In re Hines)
Nov
30
2009
Ruling
Reconsideration of denial of discharge denied where debtor could not explain why evidence sought to be presented could not have been presented at original hearing.
Procedural posture
A chapter 7 debtor filed a motion to reconsider an order granting summary judgment in favor of plaintiff creditors and denying his discharge under 11 U.S.C.S. § 727(a)(2)(A).
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Court
:
- FRBP
In re Price
Sep
08
2009
Ruling
Creditor's motions for examination and extension of time to file adversary proceeding did not constitute informal proof of claim.
Procedural posture
A bankruptcy trustee objected to allowance of a creditor's claim based on an untimely proof of claim, but the creditor asserted that it effectively filed a timely informal proof of claim.
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Court
:
- 11 U.S.C.
In re Marcato
Jun
29
2009
Ruling
Motion for turnover of debtor's interest in spendthrift trust denied.
Procedural posture
A chapter 7 bankruptcy trustee filed a motion to turn over a debtor's beneficial interest in a trust pursuant to 11 U.S.C.S. § 542.
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Court
:
- 11 U.S.C.
In re Lewis
Jun
24
2009
Ruling
Debtor could not modify confirmed plan to cure own default at expense of unsecured creditors.
Procedural posture
A chapter 13 debtor filed a motion under 11 U.S.C.S. § 1329(a)(1) to modify her confirmed plan. A creditor objected to the modification, contended that it was filed in bad faith.
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Court
:
- 11 U.S.C.
In re Reynolds
May
27
2009
Ruling
Order to vacate modification of stay not necessary to prevent postdischarge attempts to collect prepetition rent which would violate discharge injunction.
Procedural posture
Debtor filed a motion to vacate the court's order granting a creditor relief from the automatic stay to reclaim possession of its rental property from debtor. The creditor took the position that relief from the automatic stay was granted so she could proceed with her ejectment action and also to collect unpaid rent that accumulated pre-petition. The debtor sought to vacate the order to stop further efforts to collect back rent.
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Court
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Thompson v. GMAC LLC
May
27
2009
Ruling
Bankruptcy court erred in denying sanctions for creditor's refusal to turn over seized vehicle in violation of stay.
Procedural posture
Appellant debtor appealed from a judgment of the bankruptcy court for the Northern District of Illinois which denied the debtor's motion for sanctions pursuant to 11 U.S.C.S. § 362(k) against appellee creditor after the creditor refused to relinquish possession of an asset because it felt that the debtor could not adequately protect its interests.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Davis Oil Co. v. Vann (In re Vann)
May
11
2009
Ruling
Creditor's failure to raise fraud in prior state court action did not bar fraud claim in dischargeability proceeding.
Procedural posture
Plaintiff company obtained a prepetition state court judgment against defendant debtors in the amount of $ 24,756.02 arising from default of their obligations under a contract. The debtors filed a petition under chapter 13. The company filed an adversary proceeding to determine the dischargeability of the state court judgment under 11 U.S.C.S. § 523(a)(2). The debtors moved to dismiss.
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Court
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