In re Robinson
Jul
11
2012
Ruling
Creditor sanctioned for relocating debtor's trailer in violation of stay.
Procedural posture
A chapter 7 debtor filed a motion for sanctions against a creditor for violations of the automatic stay under 11 U.S.C.S. § 362(k).
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Court
:
- 11 U.S.C.
NLRB v. Fragata (In re Fragata)
Jul
11
2012
Ruling
Discharge denied on motion by NLRB due to fraudulent transfer to avoid debts owed to NLRB and former spouse.
Procedural posture
National Labor Relations Board ("NLRB") filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) to have his debts discharged. The case was tried to the court.
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Court
:
Walton v. Wheaton (In Wheaton)
Jun
28
2012
Ruling
Discharge denied due to concealment of information from U.S. Trustee.
Procedural posture
Plaintiff United States Trustee ("UST") filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that the debtors were not eligible under 11 U.S.C.S. § 727(a)(2)(A), (a)(3), (a)(4), and (a)(5) to have their debts discharged. The case was tried to the court in a hearing where the debtors did not appear.
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Court
:
- 11 U.S.C.
Robert W. Rasch P.A. v. Shamar (In re Shamar)
May
02
2012
Ruling
Claim for attorneys' fees was dischargeable where reliance on debtor's honest but incorrect representations was not justifiable.
Procedural posture
Plaintiff, former attorney for defendant chapter 7 debtor, filed a complaint against the debtor seeking to have a judgment debt deemed nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A).
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Court
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In re Smith
Mar
21
2012
Ruling
Bank sanctioned for repeated collection calls to debtor in violation of discharge injunction.
Procedural posture
A chapter 7 debtor filed a motion pursuant to 11 U.S.C. §§ 524(a) and 105(a), seeking the imposition of sanctions against a bank for violations of the discharge injunction.
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Court
:
In re Humphrey
Mar
14
2012
Ruling
Bank violated discharged injunction by contacting debtors to collect debt owed to predecessor lender.
Procedural posture
Chapter 7 debtors filed a motion to reopen their bankruptcy case and a motion seeking sanctions against a bank national association ("bank"), claiming that the bank violated 11 U.S.C.S. § 524(a) when its agents contacted the debtors after a debt they owed the bank's predecessor was discharged pursuant to 11 U.S.C.S. § 727 and demanded that the debtors pay the debt. The court held a hearing on the debtors' motion for sanctions.
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Court
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In re Gholston
Feb
27
2012
Ruling
Emergency motion for sanctions granted due to creditor's intentional, willful and ongoing stay violations.
Procedural posture
This matter came before the court on debtor's Emergency Motion for Sanctions against a creditor.
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Court
:
- 11 U.S.C.
In re Tennihill
Jan
15
2012
Ruling
Payments from debtor's former spouse pursuant to divorce decree were in the nature of a domestic support obligation and exempt.
Procedural posture
A bankruptcy debtor claimed an exemption in payments from the debtor's former spouse as payments in the nature of a domestic support obligation under 11 U.S.C.S. § 522(d)(10). The bankruptcy trustee objected to the exemption and moved for turnover of the payments to the bankruptcy estate.
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Court
:
- 11 U.S.C.
Champagne v. Educational Credit Mgmt. Corp. (In re Champagne)
Jan
12
2012
Ruling
Debtor suffering from HIV and alcoholism granted undue hardship discharge of student loan debt.
Procedural posture
Debtor filed a complaint to determine the dischargeability of his student loans filed by pursuant to 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Griffiths
Jan
09
2012
Ruling
Debtor could not rescind or revoke approved reaffirmation agreement after discharge had been granted.
Procedural posture
Chapter 7 debtor moved to rescind or obtain revocation of a reaffirmation agreement he had made with a secured creditor to reaffirm a debt of $49,938.58 secured by a recreational vehicle (RV).
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Court
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