- 11 U.S.C.
In re Rumbough
Jul
25
2007
Ruling
Court issued confirmation that no stay existed in debtor's second case in one year where no extention request had been timely filed.
Procedural posture
A debtor filed for relief under chapter 13. A creditor filed a motion for an order confirming that no stay existed, pursuant to 11 U.S.C. § 362(c)(3)(A). The creditor held a first priority mortgage on a parcel of real property owned by the debtor.
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Court
:
- 11 U.S.C.
Turner v. Burnworth (In re Carrier)
Feb
27
2007
Ruling
Bankruptcy petition preparer enjoined from providing further services due to multiple violations of Bankruptcy Code.
Procedural posture
The United States Trustee filed a complaint against defendants, a bankruptcy petition preparer and her company, alleging violations of 11 U.S.C. § 110 and seeking injunctive relief.
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Court
:
- 11 U.S.C.
In re Dynamic Tours & Transp. Inc.
Dec
19
2006
Ruling
Large, sophisticated, international corporation sanctioned for knowing and indifferent disregard of discharge injunction.
Procedural posture
Chapter 11 reorganized debtor filed a motion for sanctions against creditor for violating 11 U.S.C. § 1141, the permanent injunction under 11 U.S.C. § 524, injunctions in debtor's confirmed plan.
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Court
:
- 11 U.S.C.
Gliem v. United States Dept of Treasury (In re Gliem)
Oct
31
2006
Ruling
Taxes owed for years in which debtor was deemed not to have filed returns were not discharged.
Procedural posture
Plaintiff debtor reopened his chapter 7 proceeding and filed an adversary proceeding to determine whether certain federal income taxes that allegedly were owed for three tax years in fact had been discharged in the bankruptcy. Defendant, the United States IRS, disputed the claimed discharge on the ground that the tax liabilities were nondischargeable pursuant to 11 U.S.C. § 523(a)(1)(B) and (a)(1)(C).
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Court
:
- 11 U.S.C.
Gillespie v. Pleskovich (In re Pleskovich)
Oct
30
2006
Ruling
Debtor's false representations regarding defects in mobile home sold to creditors resulted in nondischargeable debt.
Procedural posture
Plaintiff creditors filed an adversary proceeding complaint against defendant chapter 7 debtor seeking to have the debt owed to them declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). They claimed that the debt, in the amount of $9,042.66, was not dischargeable because it arose as the result of actual fraud committed by the debtor. The debtor did not answer the complaint or appear at the trial.
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Court
:
- 11 U.S.C.
In re Schroeder
Oct
18
2006
Ruling
Automatic stay that did not arise upon filing of debtors'third chapter 13 case reinstated upon showing of good faith.
Procedural posture
The chapter 13 debtors filed a motion to invoke the automatic stay, pursuant to 11 U.S.C. § 362(c)(4)(B).
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Court
:
In re Kollar
Oct
05
2006
Ruling
Case dismissed with prejudice as improperly filed to frustrate secured creditors with no possibility of funding a realistic plan.
Procedural posture
A debtor filed a motion to dismiss her chapter 13 bankruptcy case, pursuant to 11 U.S.C. § 1307(b). The trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 109(e).
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Court
:
- 11 U.S.C.
Rhodes v. United States (In re Rhodes)
Sep
14
2006
Ruling
Tax debt was dischargeable where debtor made good faith attempts to pay despite economic effects of tech market crash and 2001 terrorist attacks.
Procedural posture
Plaintiff debtor sought to discharge his tax debts owed to defendant United States, pursuant to 11 U.S.C. § 523(a)(1)(C).
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:
McDaniel v. United States (In re McDaniel)
Aug
16
2006
Ruling
Voluntary dismissal granted in case filed solely due to erroneous advice of counsel that IRS debt would be discharged.
Procedural posture
Plaintiff debtor instituted an adversary proceeding against defendant United States seeking a determination that her federal tax debts were dischargeable pursuant to 11 U.S.C. §§ 523(a)(1) and 507(a)(8)(A). The debtor moved to dismiss both the adversary proceeding and the main case pursuant to 11 U.S.C. § 707(a). The United States and the United States Trustee ("UST") both opposed dismissal.
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Court
:
- 11 U.S.C.
Northcott v. Northcott (In re Northcott)
Aug
08
2006
Ruling
Marital debt was dischargeable as benefit to debtor outweighed detriment to former spouse and children.
Procedural posture
Plaintiff, the former spouse of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that marital debt for which the debtor was responsible under the parties' divorce decree was not dischargeable pursuant to 11 U.S.C. § 523(a)(15). The bankruptcy court conducted an evidentiary hearing.
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Court
: