- 28 U.S.C.
Bank of Am. v. Brennan Title Co. (In re Donoho)
Jan
29
2009
Ruling
Dispute over sale of debtor's residence remanded as state law issue predominated.
Procedural posture
In a case involving defendant debtor's sale of his residence to a buyer financed by bank and encumbered by deeds of trust, bank and trustee moved for an order remanding the case to a state court from which it had been removed per 28 U.S.C.S. § 1452 by title company. Issues included whether the remand was properly filed and whether the court had subject matter jurisdiction.
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Court
:
- 11 U.S.C.
In re Kim
Jan
14
2009
Ruling
Confirmation denied for bad faith due to lack of changed circumstances since debtor's prior case was dismissed for inability to propose plan.
Procedural posture
Debtors proposed a chapter 13 plan which provided only a minimal dividend to unsecured creditors. The bankruptcy trustee objected to confirmation of the plan based on lack of feasibility, failure to satisfy the best interests of creditors, and lack of good faith.
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Court
:
- 11 U.S.C.
Southhall v. Check Depot Inc. (In re Southhall)
Dec
19
2008
Ruling
Adversary proceeding based on creditor's inclusion of debtor's full social security number in its proof of claim dismissed as it did not violate bankruptcy code or rules in effect at the time of filing.
Procedural posture
Plaintiff debtor filed for chapter 13 relief. Defendant creditor filed an unsecured proof of claim, which included the debtor's full social security number. The debtor filed an adversary proceeding against the creditor, alleging violation of the Bankruptcy Code and contempt, invasion of privacy, and violation of the Gramm-Leach-Bliley Act (GLBA). The creditor moved to dismiss.
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Court
:
- 28 U.S.C.
Buesgens v. Bergman (In re Bergman)
Oct
21
2008
Ruling
Employment discrimination proceeding by third party whose only connection with bankruptcy was a similar complaint by debtor dismissed for lack of subject matter jurisdiction
Procedural posture
Plaintiff employee was ordered to show cause why his adversary proceeding for employment discrimination against defendants, a debtor, the trustee, the officials, and the attorneys, should not have been dismissed for lack of jurisdiction.
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Court
:
- 11 U.S.C.
In re Artson
Aug
19
2008
Ruling
Additional compensation to chapter 13 debtor's attorney allowed to extent not reducing dividend on non-joint unsecured claims.
Procedural posture
The debtor's counsel filed an application for approval and payment of supplemental compensation in a chapter 13 bankruptcy case. The trustee alleged that the plan was not sufficiently funded to allow payment of the fees without reducing the dividend currently being paid on unsecured claims.
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Court
:
- 11 U.S.C.
In re Dugan
Aug
18
2008
Ruling
Additional attorneys' fees could be paid from plan to the extent previously reserved.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and was represented throughout the case by counsel. The debtor's counsel filed a motion for approval and payment of supplemental compensation in the amount of $1,171.
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Court
:
In re Cellitit
Aug
15
2008
Ruling
Chapter 13 case dismissed with 180-day filing bar due to debtor's failure to make timely plan payments.
Procedural posture
A debtor filed for protection under chapter 13 of the Bankruptcy Code. The standing chapter 13 trustee filed a notice of default and a motion to dismiss. A secured creditor filed an objection to confirmation of the debtor's plan and an opposition to dismissal.
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Court
:
In re Carraway Methodist Health Sys.
Jul
23
2008
Ruling
Creditor trade vendor's untimely claims denied.
Procedural posture
Debtors, a health systems corporation and its affiliates, filed a petition under chapter 11 of the Bankruptcy Code and listed a trade vendor as a creditor. The trade vendor filed a rejection damages claim and an administrative expense claim, and the debtors filed objections to both claims.
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Court
:
- 11 U.S.C.
In re Mahjor
Jul
14
2008
Ruling
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
Procedural posture
A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
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Court
:
- 11 U.S.C.
In re Degrosseilliers
Jul
11
2008
Ruling
Certification denied due to debtor's failure to devote projected disposable income to plan.
Procedural posture
A chapter 13 trustee objected to the confirmation of debtors' plan on the ground that the debtors were not devoting their projected disposable income to payment of unsecured claims as required by 11 U.S.C.S. § 1325(b)(1).
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Court
: