- 11 U.S.C.
Turner v. Burnworth (In re Carrier)
Aug
02
2006
Ruling
Permanent injunction and fines issued against ankruptcy petition preparer engaged in unauthorized practice of law.
Procedural posture
Plaintiff United States Trustee brought a complaint asserting multiple violations of 11 U.S.C. § 110 against defendants, a nonattorney preparer of bankruptcy petitions and related documents who did not operate as a paralegal under the supervision or control of an attorney, and her business entity. The trustee sought monetary and injunctive relief.
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Court
:
- 11 U.S.C.
In re Mack
Jul
10
2006
Ruling
Relief from stay granted to allow state fraud litigation to proceed due to debtor's egregious conduct.
Procedural posture
The chapter 7 matter came before the court for findings of fact and conclusions of law on an Amended Motion for Partial Relief from the Automatic Stay, and a Motion for Relief from the Automatic Stay filed by movants, various insurance companies that had instituted civil actions against debtor and others in the District Court for the Eastern District of Kentucky (the Kentucky Litigation).
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In re Brown
Jun
23
2006
Ruling
Claim for treble damages for debtor's fraudulent medical invoices was unsecured and unliquidated and did not cause debtor to exceed chapter 13 debt ceiling.
Procedural posture
An unsecured creditor and a trustee filed motions to dismiss a debtor's chapter 13 bankruptcy case on the ground that the debt owed to the creditor exceeded the debt ceiling set forth in 11 U.S.C. § 109(e).
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Court
:
- 11 U.S.C.
In re Glover
Jun
19
2006
Ruling
Petition filed by debtor who did not obtain credit counseling did not commence a case.
Procedural posture
The United States Trustee filed a motion to dismiss a debtor's bankruptcy case for failure to comply with 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Hackney
Jun
15
2006
Ruling
Successor to debtor's original counsel ordered to disgorge fees due to failure to make proper disclosures.
Procedural posture
The law practice of bankruptcy debtors'counsel was purchased by another attorney who substituted for prior counsel, and the attorney received fees from the debtors and from the proceeds of refinancing the debtors'home. The trustee moved to compel the attorney to disgorge the fees for failure to comply with disclosure requirements of 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016, the attorney petitioned for an award of additional fees.
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Porter v. United States of America (In re United States of America)
Jun
01
2006
Ruling
Involuntary proceeding against the United States, which was not an eligible debtor, dismissed as filed in bad faith.
Procedural posture
The United States filed a motion to dismiss an involuntary chapter 7 bankruptcy petition filed against it by pro se petitioning creditors.
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Court
:
- 11 U.S.C.
In re Carey
May
16
2006
Ruling
Debtors'request for waiver of a credit counseling certificate was denied and their petition was stricken since they had not requested credit counseling services at least five days before filing.
Procedural posture
Movant debtors filed a request for waiver of the credit counseling certificate at the time of filing their chapter 7 bankruptcy petition due to exigent circumstances. The bankruptcy court held an evidentiary hearing on the request.
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Court
:
- 11 U.S.C.
Tip Top Tree Experts LLC v. Corley (In re Corley)
May
09
2006
Ruling
Debt was deemed dischargeable since debtors had not knowingly and fraudulently made a false oath or made false representations to deceive.
Procedural posture
Plaintiff creditor sued defendant debtors, seeking to have a debt for tree removal services deemed nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and to have the debtors'discharge denied pursuant to 11 U.S.C. § 727(a)(4) and (a)(2)(A). The court held an evidentiary hearing. Plaintiff filed a motion to amend the complaint to conform to the evidence, seeking to include 11 U.S.C. § 523(a)(4) and (a)(6) nondischargeability counts.
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In re Dunlap
Apr
28
2006
Ruling
Creditor's objection to trustee's proposed sale of vehicle was overruled since trustee properly noticed sale and creditor did not have valid security interest.
Procedural posture
A chapter 7 matter came before the court on the Notice of Trustee's Intent to Sell Property of the Estate to the Debtor, and the Notice of Objection filed by a creditor.
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Court
:
- 11 U.S.C.
Barber v. Banker (In re Banker)
Apr
13
2006
Ruling
Judgment debt was deemed nondischargeable and debtor was collaterally estopped from challenging state court fraud findings since state common law fraud elements were virtually identical to those found in section 523(a)(2)(A).
Procedural posture
Plaintiff former wife sued defendant debtor, seeking a determination that a judgment debt was nondischargeable under 11 U.S.C. § 523 and that the findings of fraud by the California state court in the judgment established the nondischargeability of the judgment debt. The wife moved for summary judgment. The court held an evidentiary hearing.
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Court
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