In re Sawyer
Jun
13
2007
Ruling
Case dismissed due to debtor's bad faith filing with primary purpose of collaterally attacking judgments.
Procedural posture
Pro se bankruptcy debtor, a disbarred attorney, proposed a chapter 13 plan which provided for avoidance of judgment liens of major creditors arising from litigation involving an attorney fee dispute in which the debtor did not prevail. The trustee and one of the judgment creditors moved to dismiss the debtor's case for lack of good faith.
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Court
:
- 11 U.S.C.
In re Clardy
Jun
12
2007
Ruling
Second mortgage partially secured by equity was not subject to modification in plan.
Procedural posture
Debtors filed a petition under chapter 13 and a proposed plan for paying their creditors. A corporation that held a second mortgage on the debtors'residence opposed the debtors'motion for confirmation of their plan. The case was tried by the court.
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Court
:
- FRBP
GLS Supply LLC v. Caldwell (In re Caldwell)
Jun
08
2007
Ruling
Dischargeability proceeding filed after deadline was timely as it related back to creditor's earlier erroneous filing.
Procedural posture
Plaintiff creditor filed an adversary action against defendant debtors, alleging, inter alia, that the debtors committed fraud. The debtors filed a motion to dismiss the creditor's action, arguing that it was untimely.
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Court
:
- 11 U.S.C.
In re Mason
Jun
06
2007
Ruling
Failure to schedule prepetition debt did not prevent the debt from being discharged.
Procedural posture
The debtor filed a petition for relief under chapter 7, and on August 29, 2006, the court issued an order discharging the debtor from all dischargeable debts. On June 4, 2007, the debtor filed a motion to reopen her case.
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Court
:
- 11 U.S.C.
Citifinancial Auto v. Hernandez-Simpson
May
17
2007
Ruling
Creditors permitted interest at Till rate on allowed claims secured by motor vehicles.
Procedural posture
Appellants, creditors with purchase money liens against appellees, debtors', vehicles challenged the bankruptcy court's confirmation of the debtors' plans over the creditors'objections. In each case, the vehicle was purchased within 910 days of the bankruptcy filing date. The bankruptcy court ruled that the creditors were not entitled to interest on their claims. The creditors'appeals from the confirmation orders were consolidated for appeal.
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Court
:
Breen v. Guttman (In re Breen)
May
08
2007
Ruling
Settlement of claims based on both pre- and postpetition activity affirmed.
Procedural posture
Appellant debtors sought review of an order of the bankruptcy court approving the settlement of litigation that one of the debtors (the employee) initiated against his former employer. The debtors objected to the settlement, which was negotiated by appellee trustee, on the grounds that a portion of the employee's claims against the employer were based on postpetition activity.
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Court
:
- 11 U.S.C.
In re Davis
Apr
25
2007
Ruling
Debtor's attorneys'fees reduced for failure to file quarterly applications or other disclosures.
Procedural posture
The law firm for a deceased chapter 13 debtor filed an application for approval of a $31,047 fee for services rendered as bankruptcy counsel. The Bankruptcy Administrator's Office filed an objection.
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Court
:
- 11 U.S.C.
In re Jones
Apr
17
2007
Ruling
Report to credit agency by creditor whose debt had been discharged did not violate discharge injunction.
Procedural posture
The debtor filed for relief under chapter 7. The debtor was granted a discharge and the case was closed. The debtor sought to reopen the closed case, pursuant to 11 U.S.C. §§ 350(b) and 524(a)(2), in order to seek sanctions from the credit union for an alleged violation of the discharge injunction.
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Court
:
McGee v. Green Tree Serv. LLC (In re McGee)
Apr
17
2007
Ruling
Stay lifted on payment default pursuant to agreement between debtor and creditor reimposed upon payment of outstanding amount.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor, asking the court to determine that the automatic stay of 11 U.S.C. § 362(a) was either still in effect; and/or, to reimpose the stay against the creditor's foreclosure attempt against the debtor's residence.
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Court
:
- 28 U.S.C.
CIT Communs. Fin. Corp. v. Level 3 Communs. LLC
Mar
30
2007
Ruling
Lessor's breach of contract suit against purchaser of lessee debtor's lease was not related to bankruptcy.
Procedural posture
Plaintiff, a corporation that leased communications equipment to a company that later filed for bankruptcy, filed suit in state court against defendant, the purchaser of the lease, alleging breach of contract, unjust enrichment, and conversion. The purchaser removed the case to federal court and the leasing company filed a motion to remand the case to state court.
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Court
: