- 11 U.S.C.
Ryt v. Peace (In re Peace)
Oct
02
2015
Ruling
Debtor's diversion of water onto creditor's property resulted in nondischargeable debt due to willful and malicious injury.
Issue(s)
Did debtor's diversion of surface water causing flooding to creditors' property result in nondischargeable debt?
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Court
:
- 11 U.S.C.
In re Gavitt
Jul
17
2014
Ruling
Foreclosure based on the terms of approved reaffirmation agreement did not violate the discharge injunction.
Issue(s)
Could creditor pursue postdischarge foreclosure based on terms of reaffirmation agreement?
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Court
:
Mazak Corp. v. King (In re King)
Oct
25
2013
Ruling
Judgment debt for fraud and secret business dealings was nondischargeable.
Issue(s)
Was judgment debt based on debtor's surreptitious use of financial information gained from work for employer nondischargeable.
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Court
:
- 28 U.S.C.
GLC Ltd. v. Smith (In re GLC Ltd.)
Jul
13
2012
Ruling
Third party proceeding by transferee against transferee's former spouse to recover profits of Ponzi scheme operated by debtor's principals was not related to bankruptcy.
Procedural posture
Plaintiff debtor filed a fraudulent transfer against third-party plaintiff transferee, an alleged participant in a Ponzi scheme operated by the debtor's former principals. The transferee filed a third-party complaint against third-party defendant, the transferee's former wife. The former wife filed a motion to dismiss the third-party complaint.
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Court
:
In re Basil St. Partners LLC
Jun
28
2012
Ruling
Case converted to chapter 11 absent bad faith.
Procedural posture
Four petitioning creditors filed an involuntary bankruptcy petition under chapter 7. One secured creditor was involved in a prepetition state court action to foreclose a contested mortgage lien encumbering the alleged debtor's real property, a development project that was operated by a receiver. The debtor filed a motion to convert its case to chapter 11, pursuant to 11 U.S.C.S. § 706(a).
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Court
:
- 11 U.S.C.
In re Bolender
Jul
20
2011
Ruling
Till rate of interest was appropriate in chapter 12 plan.
Procedural posture
In a chapter 12 case, a bank objected to confirmation of the debtor's plan. The parties disputed the appropriate interest rate under 11 U.S.C.S. § 1225(a)(5)(B)(ii).
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Court
:
- FRBP
In re Cincom iOutsource Inc.
May
13
2010
Ruling
Bankruptcy court did not have the equitable power to allow a late-filed proof of claim outside of authorized exceptions.
Procedural posture
A creditor filed a motion for an order deeming its proof of claim filed as timely. The creditor did not allege that any of the exceptions in Fed. R. Bankr. P. 3002(c) applied, but argued that its claim should be deemed timely as a matter of equity and due process pursuant to 11 U.S.C.S. § 105(a). A chapter 7 trustee opposed the motion.
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Court
:
- 11 U.S.C.
In re Cincom iOutsource Inc.
Nov
20
2008
Ruling
Proof of claim failed after creditor was added to amended schedule was deemed timely.
Procedural posture
Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
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Court
:
In re Peppers
Nov
18
2008
Ruling
First mortgage on debtor's home was not subject to modification.
Procedural posture
The debtor filed an objection to a proof of claim filed by the creditor which held a first mortgage on the debtor's home. The objection contested the creditor's arrearage claim. The debtor believed that a portion of the claim should be paid as an unsecured claim pursuant to 11 U.S.C.S. § 506(a).
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Court
:
In re Cinecom iOutsource Inc.
Oct
31
2008
Ruling
Action by unaffiliated non-debtor entities against debtor were subject to stay.
Procedural posture
The chapter 7 trustee filed a motion to enforce the automatic stay under 11 U.S.C.S. § 362(a) in three separate actions filed in federal district courts by unaffiliated, non-debtor entities.
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Court
: