- 11 U.S.C.
Chi Chiu v. Barnard (In re Barnard)
Feb
08
2007
Ruling
Stay continued in debtor's fourth case conditioned upon payment of postpetition rent and timely payment of future rents.
Procedural posture
Respondent debtor sought bankruptcy relief under chapter 13. Movant creditor sought relief from the automatic stay order to prosecute an unlawful detainer action for possession of real property that was rented by the debtor.
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Court
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In re Hackney
Jan
12
2007
Ruling
Debtor could not reopen chapter 11 case that had been dismissed rather than closed.
Procedural posture
Debtor filed a motion to reopen his chapter 11 case pursuant to 11 U.S.C. § 350(b). Creditor, debtor's ex-wife, filed an objection.
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Court
:
- 11 U.S.C.
Money One Fed. Credit Union v. Manegan (In re Menegan)
Nov
24
2006
Ruling
Creditor could not except debt from discharge on grounds of misrepresentation while claiming evidence of reliance was covered by attorney-client privalege.
Procedural posture
Chapter 7 debtor filed a motion for summary judgment in creditor's action, which sought to except credit card debt owed it by debtor from discharge pursuant to 11 U.S.C. § 523(a)(2).
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Court
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Hosey v. Hosey (In re Hosey)
Nov
14
2006
Ruling
Debt owed pursuant to alleged joint venture was dischargeable absent evidence of intent to defraud.
Procedural posture
Plaintiff, a judgment creditor of defendant debtor, brought an adversary complaint to determine the dischargeability of the judgment that had been obtained in state court, pursuant to 11 U.S.C. § 523(a)(2) and (a)(4).
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Court
:
- 11 U.S.C.
In re Plascencia
Nov
08
2006
Ruling
Chapter 13 plan could not be confirmed where unsecured creditors would receive more in chapter 7 regardless of valuation of home purchased from Habitiat for Humanity.
Procedural posture
The chapter 13 trustee filed objections to debtor's confirmation, arguing that her residential property purchased from a branch of Habitat for Humanity should be valued at its fair market value and not the substantially lower value at which Habitat could repurchase it, and that the proposed plan does not pay creditors at least as much as they would receive in a chapter 7 liquidation, as required under 11 U.S.C. § 1325.
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Court
:
- 11 U.S.C.
Soheily v. Vuong (In re Vuong)
Nov
01
2006
Ruling
Mere promise of future performance did not render debt nondischargeable on grounds of fraud absent requisite intention to deceive when promise was made.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2) for false pretenses, false representations, or actual fraud.
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Court
:
In re American Canadian Investments Inc.
Nov
01
2006
Ruling
Credit bid could not be included in calculation of trustee's compensation.
Procedural posture
A chapter 7 trustee requested approval of $64,878 as compensation. The U.S. Trustee objected to the application, arguing that the trustee was only entitled to $12,631 because a credit bid could not be included in the calculation of the trustee's compensation under 11 U.S.C. § 326(a).
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Court
:
Superior Bank v. Hilsman (In re Hilsman)
Oct
02
2006
Ruling
Breach of contract action involving state law which could be timely adjudicated by parties remanded.
Procedural posture
Bankruptcy trustee filed a motion for remand pursuant to 28 U.S.C. § 1452(b), in the alternative, a motion to abstain and remand to state court creditor bank's action against debtor and debtor's counterclaim regarding a breach of contract on loans. The bank opposed the motions.
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Court
:
- 11 U.S.C.
In re Jones
Aug
04
2006
Ruling
Damages for post-discharge personal injury action were not limited to insurance coverage provided plaintiff could not recover from debtor absent determination of nondischargeability.
Procedural posture
A third party filed a personal injury suit against a chapter 7 debtor in the Circuit Court of Loudoun County (Virginia). The state court asked the court to determine what effect the discharge injunction under 11 U.S.C. § 524(a) had on the personal injury suit. The court reopened the debtor's bankruptcy case and treated the request as a motion for clarification filed by the debtor. It held a hearing and thereafter issued an opinion.
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Court
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In re Dyson
Jul
28
2006
Ruling
Debtor's motion to avoid lien as preference denied as debtor could not exempt portion of real property equity to which lien attached.
Procedural posture
Debtor, an individual who had filed a chapter 13 bankruptcy, filed a motion to avoid a judgment lien docketed against her real property by a creditor. At issue was whether debtor was entitled to step into the shoes of the trustee and avoid the lien as a preference as permitted by 11 U.S.C. § 547(b).
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Court
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