- 11 U.S.C.
In re Avellaneda
Dec
15
2009
Ruling
Objection to confirmation based on term overruled where inclusion of state unemployment benefits did not cause current monthly income to exceed median and trigger 60 month minimum.
Procedural posture
The standing chapter 13 trustee objected to confirmation of the modified plan filed by debtors. The sole issue raised by the objection was whether unemployment income received during the six-month period before the filing of the petition had to be included in the calculation of current monthly income and, if so, whether the plan failed the disposable income test by requiring payments for only 36 months rather than 60 months.
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Court
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In re De Molina
Dec
15
2009
Ruling
Debtor's attorney ordered to repay all fees due to errors and omissions in schedules and debtor's failure to obtain required credit counseling.
Procedural posture
A United States Trustee filed a motion pursuant to 11 U.S.C.S. § 329(b) to examine a Chapter 7 debtor's transactions with her attorney and to require the attorney to disgorge fees paid to him by the debtor.
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Court
:
- 11 U.S.C.
WBRE Inc. v. Estate of Dalton (In re Dalton)
Dec
02
2009
Ruling
Debtor and father did not violate fiduciary duty while acting on behalf of creditor corporation.
Procedural posture
Plaintiffs, a real estate investment corporation and its sole shareholder, brought an action against defendants, a bankruptcy debtor and the estate of the debtor's deceased father who were formerly officers and shareholders of the corporation, alleging that the debtor and his father engaged in misconduct with regard to the corporation after the debtor filed his bankruptcy petition. The debtor and the estate moved for summary judgment.
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Court
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McDow v. Korfonta (In re Korfonta)
Dec
02
2009
Ruling
Failure to file individual tax returns could be grounds for denial of discharge.
Procedural posture
Plaintiff United States Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to maintain adequate records, both individually and as an insider of a company which was also in bankruptcy. The Trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Cassini
Nov
16
2009
Ruling
Claim filed one day after bar date disallowed despite late filing being due to debtor's failure to list creditor.
Procedural posture
A bankruptcy trustee objected to a creditor's claim against a bankruptcy debtor's estate which was filed one day after the claim bar date in the debtor's chapter 13 bankruptcy case.
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Court
:
- 11 U.S.C.
Khan v. Chen (In re Chen)
Nov
03
2009
Ruling
Failure to disclose property transfer that was not material and not made with intent to defraud was not grounds for denial of discharge.
Procedural posture
Defendant debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Plaintiff judgment creditor filed an adversary proceeding objecting to the debtor's discharge. The creditor alleged that the debtor violated 11 U.S.C.S. § 727(a)(4)(A) by knowingly and fraudulently making a false statement on her filed schedules and statement of financial affairs and in her testimony at a meeting of creditors.
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Court
:
- FRBP
Carter v. Checkmate Cash Advance Centers LLC (In re Carter)
Oct
23
2009
Ruling
Minimal damages awarded for unauthorized publication of debtor's personal information in attachment to proof of claim that was quickly rectified.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendant creditor, asserting claims for the unauthorized publication of the debtor's unredacted social security number and unredacted bank account number in an attachment to the creditor's claim. The claim had been promptly stricken by the court. The debtor applied for a default judgment on the complaint after the creditor failed to respond to the complaint.
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Court
:
- FRBP
In re Duncan
Aug
31
2009
Ruling
Insurer not entitled to extension of time to file proceedings regarding dischargeability and denial of discharge due to failure to act in more timely fashion.
Procedural posture
In this chapter 7 case, a creditor insurer filed a motion for an extension of time to file complaints under 11 U.S.C.S. §§ 523, 727, and a request for an expedited hearing.
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Court
:
- 11 U.S.C.
In re Gross
Aug
28
2009
Ruling
Unlicensed bankruptcy petition preparer ordered to disgorge fees due to unauthorized practice of law.
Procedural posture
The United States Trustee sought relief against an unlicensed bankruptcy petition preparer who had been employed by the debtor. The trustee filed a motion for disgorgement of fees paid to the preparer and for imposition of sanctions against her for violations of 11 U.S.C.S. § 110.
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Court
:
- 11 U.S.C.
Velarde v. Educational Credit Mgmt. Corp. (In re Velarde)
Aug
23
2009
Ruling
Debtor with mental illness but low expenses denied undue hardship discharge of student loan debt.
Procedural posture
Plaintiff, a chapter 7 debtor, brought an adversary action seeking to discharge approximately $ 22,600 in student loan debts, based on the argument that paying the loans would constitute an undue hardship, pursuant to 11 U.S.C.S. § 523(a)(8). She was advised that she likely qualified for an alternative long term repayment program through the William D. Ford Direct Loan Program if relief was not granted by the court.
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Court
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