- 11 U.S.C.
In re Frank
Mar
08
2011
Ruling
Relief from stay granted to allow valid mortgage assignee to pursue settlement with debtor allowing for 12-month cure period.
Procedural posture
When a motion to lift the automatic stay was filed by a putative creditor, the trustee objected on the ground that the creditor in fact was not a valid assignee of the mortgage on debtor's residence and thus lacked standing to seek a lift of the stay. Debtor did not challenge standing.
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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
:
Kostyshyn v. Joseph (In re Kostyshyn)
Mar
01
2011
Ruling
Case of serial filer who was in violation of two-year filing ban and showed no desire to satisfy debts was properly ordered dismissed.
Procedural posture
Debtor, a serial filer, sought review of the dismissal of his most recent petition. The petition was filed despite a two-year filing ban.
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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
:
In re Christensen
Feb
18
2011
Ruling
Debtor could not reopen no asset case to add unscheduled creditors whose claims were already effectively discharged.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court entered an order discharging debts the debtor owed. Two years after he received a discharge, the debtor filed a motion for an order under 11 U.S.C.S. § 350(b) which allowed him to reopen his case so he could amend his schedules by adding as creditors, two people who obtained a default judgment against him. The creditors opposed the motion.
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Court
:
Bankston Motor Homes Inc. v. Dennis (In re Dennis)
Feb
17
2011
Ruling
Overpayment caused by debtor was a nondischargeable debt.
Procedural posture
Plaintiff, the employer of defendant Chapter 7 debtor, sought a determination that the amount of overcompensation paid to the debtor was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A), (a)(6), and (a)(4).
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Court
:
- 11 U.S.C.
Peterson v. United States BankShares Inc. (In re Peterson)
Jan
13
2011
Ruling
Second lien deed of trust secured by minimal equity could not be stripped off.
Procedural posture
This was an action by plaintiff, a chapter 13 debtor, to strip off defendant bank's second-lien deed of trust as wholly unsecured. The matter was pending judgment.
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Court
:
In re Cryptek Inc.
Dec
21
2010
Ruling
Debtor's law firm ordered to disgorge prepetition fees paid by debtor in possession postpetition without bankruptcy court authorization.
Procedural posture
After a case was converted from Chapter 11 to Chapter 7, the Chapter 7 trustee and administrative expense claimants filed a motion to require the law firm that represented the debtor-in-possession to disgorge about $35,000 of the nearly $163,000 in approved fees and expenses that were paid to it. The trustee claimed that disgorgement was necessary to achieve equality of distribution among the Chapter 11 administrative claimants.
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Court
:
- 11 U.S.C.
In re Western Healthcare LLC
Dec
09
2010
Ruling
Lessor granted relief from stay to take possession of property for which debtor's lease had expired.
Procedural posture
A Chapter 11 debtor leased assisted living facilities. After the debtor filed its petition for relief, the lessor filed a motion for relief from the automatic stay to allow it to take possession of the facilities.
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Court
:
- 11 U.S.C.
Swift Fin. Corp. v. Matera (In re Matera)
Dec
08
2010
Ruling
Representations in debtor's oral responses into creditor lender's computer database did not constitute a "written statement" and were not grounds for nondischargeability.
Procedural posture
Defendant debtor filed a motion for judgment as a matter of law in plaintiff creditor's action, which alleged that debt owed to it by the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
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Court
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