- 11 U.S.C.
In re Gibson
Jun
12
2014
Ruling
Estate of non-debtor spouse was not entitled to administrative expense claim for fees paid on condominium after fraudulent transferred of debtor's interest until the unit was reconveyed to debtor.
Issue(s)
Was estate of non-debtor spouse was entitled to an administrative expense claim for fees paid on a condominium where debtor fraudulently transferred her interest in the unit to the couple's son?
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Court
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Schuller v. Ocwen Loan Servicing LLC (In re Schuller)
Feb
05
2014
Ruling
Reference of debtor's Fair Debt Collection Practices Act cause of action withdrawn.
Issue(s)
Should bankruptcy court withdraw reference of postdischarge action by debtors under the Fair Debt Collection Practices Act?
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Court
:
- 11 U.S.C.
In re Willis
Jan
21
2014
Ruling
Debtor's divorce obligation to second spouse for making debtor's child support payments to debtor's first spouse was not a nondischargeable domestic support obligation.
Issue(s)
Was debt owed by debtor to second spouse pursuant to divorce decree as a result of the second spouse making payments on debtor's child support obligation to debtor's first spouse a nondischargeable domestic support obligation.
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Court
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Pilot v. Alesco Preferred Funding XV Ltd. (In re First Baldwin Bancshares Inc.)
Sep
30
2013
Ruling
Subordination agreement in favor of special purpose entity allowed.
Issue(s)
Was subordination agreement contained in note enforceable in favor of special purpose entity.
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Court
:
- 11 U.S.C.
In re Bradley
Aug
30
2013
Ruling
Student loan debt could constitute "special circumstances" to rebut presumption of abuse.
Issue(s)
Could debtors cite student loan obligations as "special circumstances" in order to rebut the presumption of abuse.
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Court
:
- 11 U.S.C.
Andrews v. RBL LLC (In re Vista Bella Inc.)
Aug
09
2013
Ruling
Assignment of note and mortgage was not an avoidable transfer due to debtor's retention of interest.
Issue(s)
On reconsideration, should assignments of condominium purchase agreements be held to be avoidable transfers.
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Court
:
- 11 U.S.C.
In re Rattler
Mar
06
2013
Ruling
Administrative expense claim allowed for debtor's postpetition rental arrearage.
Procedural posture
Debtor's chapter 13 matter was before the court pursuant to a creditor's Motion to Allow Administrative Claim related to debtor's failure to meet her obligations to pay rent under a post-petition residential lease.
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Court
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Brannon v. Chuck Stevens Auto Inc.
Jan
22
2013
Ruling
Creditor that received at least oral notice could not dismiss proceeding for stay violation.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant creditor, an auto dealer, asserting that creditor, through an agent, willfully violated the automatic stay by harassing her despite actual knowledge of her bankruptcy filing, pursuant to 11 U.S.C.S. § 362(k). Creditor moved to dismiss the complaint, denying it had received formal notice of the bankruptcy filing.
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Court
:
- FRBP
Brannan v. Wells Fargo Home Mortg. (In re Brannan)
Jan
08
2013
Ruling
Class certification granted for plaintiff debtor mortgagees with fraud claims against lender for false affidavits filed in stay proceedings.
Procedural posture
Putative class plaintiffs, debtor-mortgagors who alleged that defendant lender filed, or caused to be filed, false affidavits in support of motions for relief from automatic stay. The debtors requested that two classes of plaintiffs be certified by the court pursuant to Fed. R. Bankr. P. 7023.
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Court
:
- 11 U.S.C.
In re Crenshaw
Nov
08
2012
Ruling
Relief from stay to pursue state court remedies granted given lack of equity in property that was not necessary for reorganization.
Procedural posture
Creditors filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(2) in order to pursue state law remedies with regard to their lien on the debtor's property.
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Court
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