Hollingsworth v. Option One Mortg. Corp. (In re Hollingsworth)
Sep
25
2012
Ruling
Mortgagee's failure to disclose small charges in proofs of claim did not render claims objectionable.
Procedural posture
Plaintiffs, chapter 13 debtors, filed an adversary complaint in their second bankruptcy case, asserting that, while they agreed to make monthly payments on their arrearage to defendant mortgagee pursuant to 11 U.S.C.S. § 1322(b)(5), certain charges the mortgagee made after their first petition was filed were improper and violated 11 U.S.C.S. §§ 502, 506(b), and Fed. R. Bankr. P. 3001 or 2016(a).
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Court
:
- 11 U.S.C.
Timmons v. Rose Acceptance Inc. (In re Timmons)
Sep
20
2012
Ruling
Debtor granted temporary relief from order allowing foreclosure to proceed due to improved circumstances.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor and sought an order restraining the creditor from selling his home in a foreclosure sale. The court held a hearing on the debtor's motion.
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Court
:
- 11 U.S.C.
Aboraia v. USDA Food and Nutrition Serv. (In re Aboraia)
Feb
06
2012
Ruling
Prepetition overpayment of state benefits was dischargeable.
Procedural posture
Debtor sought a determination that her debt to creditor, the state department of human services, for overpayment of benefits was dischargeable. The state argued that the debt was nondischargeable as based upon the debtor's fraud under 11 U.S.C.S. § 523(a)(2), as based upon a domestic support obligation under 11 U.S.C.S. § 523(a)(2)(B). Debtor also named the USDA as a defendant, but did not pursue that claim.
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Court
:
- 11 U.S.C.
Anglin v. Wallis (In re Wallis)
Mar
31
2011
Ruling
State court judgment that LLC was established to shield assets and avoid creditors established willful and malicious injury and was nondischargeable.
Procedural posture
Judgment creditors filed an adversary proceeding against chapter 7 debtor, seeking a determination that a judgment they obtained in an Alabama court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6), and an order denying the debtor's discharge under 11 U.S.C.S. § 727. The case was tried to the court.
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Court
:
Hood v. Bennitt (In re Bennitt)
Nov
04
2010
Ruling
Discharge denied due to debtor's failure to maintain financial records.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(3) based on the debtor's failure to maintain and produce records from which the debtor's financial condition could be ascertained. The creditor moved for summary judgment.
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Court
:
Barnes v. Vision Bank (In re Barnes)
Mar
24
2010
Ruling
Allegations of prepetition fraud concerning property only acquired after petition date could not be grounds for revocation of discharge.
Procedural posture
Debtor which had been granted a discharge, brought an adversary complaint seeking to avoid a judicial lien pursuant to 11 U.S.C.S. §§ 522(h) and 547(b). Defendant creditor filed an answer and counterclaim seeking to revoke the debtor's chapter 7 discharge pursuant to 11 U.S.C.S. § 727(d). The debtor moved to dismiss the counterclaim pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
Richards & Sons Constr. Co. v. Odom (In re Odom)
Mar
08
2010
Ruling
Debt was dischargeable where creditor could not have reasonably relied on corporation's false financial statement.
Procedural posture
Creditor, which had advanced funds and credit to or on behalf of the individual debtor's wife's corporation, alleged that the debts therefor were nondischargeable due to fraud under 11 U.S.C.S. § 523(a)(2)(B). The issue was whether the creditor reasonably relied on the allegedly false financial information provided by the debtor.
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Court
:
- FRBP
In re Smith
Aug
28
2009
Ruling
Debtor's motion for preliminary injunction against foreclosure sale denied.
Procedural posture
A bankruptcy debtor asserted that a mortgage asserted against her was fraudulent and was fraudulently recorded, and the debtor moved for a preliminary injunction staying the mortgagee's foreclosure sale.
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Court
:
- 11 U.S.C.
Taylor v. American General Fin.
Jul
07
2009
Ruling
Relief from stay to allow foreclosure granted due to debtor's failure to comply with court orders.
Procedural posture
Plaintiff debtor filed a petition under chapter 13 of the Bankruptcy Code, and defendant creditor filed a series of motions seeking relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy. The debtor filed an adversary proceeding against the creditor, seeking an accounting, and the court held a hearing on the creditor's third motion for relief from the stay and the debtor's adversary proceeding.
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Court
:
- 11 U.S.C.
In re Brunos Supermarkets LLC
Apr
27
2009
Ruling
Debtor could not reject collective bargaining agreement where it did not demonstrate that union lacked good cause when it refused to accept rejection proposal.
Procedural posture
Debtor corporation filed a petition under chapter 11 and a motion under 11 U.S.C.S. § 1113, seeking permission to reject collective bargaining agreements (CBAs) it concluded with a union. The union filed an objection to the debtor's motion.
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Court
: