Fulgham v. York (In re York)
May
12
2010
Ruling
Discharge denied due to debtor's false oaths and schedules.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on the debtor's false oaths and accounts in the debtor's schedules and statement of financial affairs (SFA) which failed to disclose interests and transactions. The creditors moved for summary judgment.
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Court
:
- FRBP
In re Robinson
Apr
23
2010
Ruling
Debtor's attorney ordered to show cause why objections to amended proofs of claim despite prior agreement to increase was not grounds for sanctions.
Procedural posture
A chapter 13 trustee filed a motion to modify the debtor's previously confirmed plan. The debtor objected on the grounds that a creditor's claim was excessive because it included bankruptcy attorney fees and court costs that were not authorized by the contract attached to the creditor's proof of claim.
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Court
:
- 11 U.S.C.
Bartel v. Jacksonville State Univ. (In re Bartel)
Mar
10
2010
Ruling
Undue hardship discharge of student loan debt denied where debtor could maintain minimal standard of living while making payments.
Procedural posture
A chapter 7 debtor filed a complaint in which he requested that the student loans he obtained from defendant creditor be found and declared discharged on the grounds that excepting such loans from discharge under 11 U.S.C.S. § 523(a)(8) would impose an undue hardship on the debtor.
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Court
:
- 11 U.S.C.
In re Phillips
Mar
05
2010
Ruling
Judicial lien avoided as impairing debtor's unopposed homestead exemption.
Procedural posture
Creditor mortgagee foreclosed on commercial real estate owned by the debtor husband, and then obtained a deficiency judgment against the debtor in the amount of $ 29,644.34 plus $ 251 costs. The debtors filed for chapter 7 relief and moved to avoid the judicial lien of the creditor mortgagee based on their homestead exemption under Ala. Code § 6-10-2. The creditor mortgagee objected to the claimed exemption.
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Court
:
- 11 U.S.C.
In re Clark
Mar
05
2010
Ruling
Case filed while earlier chapter 13 case was still pending dismissed for bad faith.
Procedural posture
This matter came before the court on the Notice to Show Cause as to why the case (the "2010 case") should not be dismissed due to debtors having an active chapter 13 case, i.e., the "2008 case," that was pending at the time the 2010 case was filed.
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Court
:
- 11 U.S.C.
In re Wheeler
Feb
05
2010
Ruling
Claim for recovery of overpayment of food stamps used to support debtors' children was a nondischargeable domestic support order.
Procedural posture
Bankruptcy debtors acknowledged a debt to a state agency for overpayment of food stamp benefits, but the debtors objected to the agency's claim on the ground that the claim was not entitled to priority as a domestic support obligation under 11 U.S.C.S. § 507(a)(1).
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Court
:
Papco Inc. v. Heal (In re Heal)
Dec
31
2009
Ruling
Transfer to debtor's spouse while debtor was insolvent and intended to defraud creditors was grounds for denial of discharge.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's fraudulent transfer of assets and failure to maintain adequate financial records.
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Court
:
Phoenix Turf Farms LLC v. Hansen Mueller Co. (In re Phoenix Turf Farms LLC)
Oct
15
2009
Ruling
Stakeholder's motion for interpleader in response to debtor's attempt to recover funds granted.
Procedural posture
Plaintiff, a chapter 12 debtor in possession, brought an action to recover funds owed to the estate pursuant to 11 U.S.C.S. § 542(b), against defendant, the stakeholder of proceeds from a sale of wheat. The stakeholder filed a motion for interpleader, and joined several additional parties who had made claims to the proceeds. The stakeholder moved for summary judgment, and its attorney's fees with respect to the complaint.
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Court
:
In re Wise
Sep
02
2009
Ruling
Creditor's motion to set aside plan confirmation for debtors' failure to obtain required credit counseling until the petition date denied.
Procedural posture
Debtors filed a petition under chapter 13, and a trustee who was appointed to administer the debtors' bankruptcy estate. A creditor filed a motion to set aside the court's order confirming the debtors' chapter 13 plan and to dismiss the case. The trustee opposed the creditor's motion.
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Court
:
- 11 U.S.C.
Pluta v. TallyGenicom LP (In re TallyGenicom LP)
Mar
20
2009
Ruling
Stay pending appeal of sale of intellectual property and appropriate amount of adequate protection denied.
Procedural posture
The bankruptcy court approved appellee debtors' sale of certain intellectual property if the purchaser provided adequate protection of appellant's purported ownership interest in certain intellectual property (IP). Appellant challenged the order and filed an emergency motion for stay pending appeal.
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Court
: