- 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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HGC Inc. v. Heatherworld Holdings LLC (In re Heatherworld Holdings LLC)
Jun
22
2009
Ruling
Breach of contract and tortious interference claims against member of debtor LLC remanded to state court.
Procedural posture
Plaintiff corporation brought an action in state court against defendants, a bankruptcy debtor limited liability company and its members, alleging that the debtor breached a contract to operate and maintain the corporation's country club facilities and that the members tortiously interfered with business relations. The action was removed to bankruptcy court, and the corporation moved to remand the claims against the non-debtor members.
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Court
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- 11 U.S.C.
BFW Liquidation, LLC, In re--Kaye v. Quality Props., LLC
Jun
19
2009
Ruling
Claim was disallowed in its entirety as the claimant failed to file a proof of claim before theexpiration of the bar date. (Bankr. N.D. Ala.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.
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Court
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In re Taylor
Jun
12
2009
Ruling
Reinstatement of stay denied after being lifted pursuant to debtor's default under terms of consent agreement.
Procedural posture
Before the court was the debtor's motion to reinstate the automatic stay as to a mortgage on the debtor's mobile home.
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Court
:
- 11 U.S.C.
In re Moore
Jun
10
2009
Ruling
Law school's withholding of debtor's degree and transcript violated discharge injunction.
Procedural posture
Debtor sought chapter 7 relief listing a total of $ 252,637 in priority and unsecured debt. Debtor received a discharge. Debtor moved for contempt against creditor law school for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2) by refusing to issue him a Juris Doctor degree or transcript for course work he had completed but not paid for.
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Court
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In re Moore
Mar
24
2009
Ruling
Creditor's debit of funds from third-party account on which debtor was signatory did not violate stay.
Procedural posture
A chapter 7 debtor filed an uncontested motion against a creditor for turnover of property and sanctions for a violation of the automatic stay under 11 U.S.C.S. § 362(k).
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Court
:
- 11 U.S.C.
GMAC Mortg. LLC v. Grady (In re Grady)
Mar
19
2009
Ruling
Undersecured creditor granted relief from stay to enforce deed of trust against debtor's residence.
Procedural posture
Debtor filed for relief under chapter 7. Creditor sought relief from the automatic stay to enforce a deed of trust against the debtor's residence.
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Court
:
- 11 U.S.C.
In re Kelly
Mar
02
2009
Ruling
Confirmation denied for bad faith where debtor could afford to devote significantly more income to plan.
Procedural posture
One of the principal creditors of the chapter 13 debtor filed an objection to confirmation of the plan filed by the debtor. At issue are whether the plan properly provides for payment of the debtor's projected disposable income to the unsecured creditors under 11 U.S.C.S. § 1325(b), was proposed in good faith, as required by 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
In re Crawley
Feb
23
2009
Ruling
Case ordered converted or dismissed for abuse due to debtors' ability to fund plan.
Procedural posture
Before the court was the motion of the U.S. Trustee to dismiss debtors' chapter 7 case for abuse.
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Court
:
- 11 U.S.C.
In re Stamps
Feb
20
2009
Ruling
Case converted to chapter 13 over creditors' objection as result of settlement of threatened abuse dismissal.
Procedural posture
The United States Trustee (UST) filed a motion to convert a chapter 7 case to chapter 13, pursuant to 11 U.S.C.S. § 707(b)(1). The debtors consented to the conversion. The creditors objected.
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Court
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