- 11 U.S.C.
Armstrong v. McGinnis (In re McGinnis)
Jul
22
2011
Ruling
Discharge denied due to concealment of income.
Procedural posture
Plaintiff property tax commissioner filed an action against defendant debtor in which plaintiff sought denial of defendant's discharge under 11 U.S.C.S. § 727(a)(2)(B). Plaintiff filed a motion for summary judgment.
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Court
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In re Winder
Jul
01
2011
Ruling
Voluntary dismissal granted despite debtor's failure to abide by confirmation order, but with 180-day re-filing bar.
Procedural posture
A debtor filed a motion to voluntarily dismiss his chapter 13 case pursuant to 11 U.S.C.S. § 1307(b).
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Court
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In re Haymarket Transp. Inc.
May
13
2011
Ruling
Commissions earned by creditor outside 180-day period were not entitled to priority.
Procedural posture
Pursuant to 11 U.S.C.S. § 502(a), a Chapter 11 debtor objected to a claim filed by a creditor as a priority claim for unpaid commissions.
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Court
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In re Majaraj
May
09
2011
Ruling
Debtors could not cram down subordinate deed of trust as absolute priority rule continued to operate in individual chapter 11 cases with regard to non-exempt property owned on petition date.
Procedural posture
Debtors, who operated an auto body business, sought confirmation of a chapter 11 plan. Confirmation was opposed by a nominally secured creditor ("NSC"), whose subordinate deed of trust against the debtors' residence would have been stripped off. Additionally, the plan had not been accepted by the class of general unsecured creditors, who would have received an estimated 1.7 cents on the dollar over a period of five years.
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Court
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- 11 U.S.C.
In re Nealey
Apr
19
2011
Ruling
Confirmation of modified plan denied on trustee's objection due to improper classification of restitution claim.
Procedural posture
Before the court was the objection of the standing chapter 13 trustee to confirmation of a modified plan filed by debtors on January 19, 2011.
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Court
:
- 11 U.S.C.
Grey-Theriot v. Quansah (In re Quansah)
Apr
11
2011
Ruling
State court judgment that satisfied necessary elements was a nondischargeable debt.
Procedural posture
Plaintiff creditor brought an action under 11 U.S.C.S. § 523(a)(2)(A) against defendant Chapter 7 debtor to determine the dischargeability of a judgment obtained against the debtor under the Virginia Consumer Protection Act (the Act), Va. Code Ann. § 59.1-196 et seq., for failure to deliver airline tickets for which the creditor had paid.
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Court
:
- 11 U.S.C.
In re Martinez
Mar
31
2011
Ruling
Insurance proceeds from deceased debtor's policy were property of spouse's estate.
Procedural posture
Chapter 11 debtor filed a motion for a determination that life insurance proceeds payable to her from a policy exempted by her late debtor husband were not property of the estate in her chapter 11 case.
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Court
:
- 11 U.S.C.
In re Taneja
Mar
15
2011
Ruling
Order for sale partially vacated to allow creditor to file adversary proceeding determining validity, priority and extent of lien.
Procedural posture
A loan servicer, as attorney in fact for a trustee of a bank, filed a motion to vacate an order approving a sale of real estate free and clear of liens under 11 U.S.C.S. § 363(f)(4), alleging that the bank was not served with, or given notice of, the sale motion. The motion to vacate the sale order was opposed by the chapter 11 trustee, by the purchasers of the property, and by another creditor that was the recipient of the proceeds of the sale.
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Court
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In re Jahed
Mar
07
2011
Ruling
Court declined to sanction debtor's former counsel for failure to appear at hearing on debtor's pro se motion for extension of time to obtain new counsel.
Procedural posture
Debtor's counsel was ordered to show cause why sanctions including possible suspension from practice should not be imposed for his failure to appear at a hearing on debtor's motion to extend time to "pursue other legal counsel." The court also considered issues raised by the U.S. Trustee (UST) as to whether the compensation paid to counsel was reasonable per 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b).
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Court
:
- 11 U.S.C.
Haver v. Jahanian (In re Jahanian)
Feb
22
2011
Ruling
Motion for denial of discharge denied where debtor's attorney's addition of postpetition creditor to schedules did not render debtor's omission from original schedules willful.
Procedural posture
Creditors filed an action against chapter 7 debtor. In Count III of the complaint, they sought denial of discharge under 11 U.S.C.S. § 727(a)(4) based on false oaths or accounts. Plaintiffs argued that in his original chapter 13 filings, defendant had intentionally omitted them as creditors. Defendant filed a motion for summary judgment on Count III.
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Court
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