- 11 U.S.C.
Herrera-Edwards v. Moore (In re Herrera-Edwards)
Jan
29
2015
Ruling
Fees earned under fraudulent "consulting agreement" without appointment or approval of compensation by the bankruptcy court were not the basis for an administrative expense claim.
Issue(s)
Could fees claimed by convicted felon under an allegedly fraudulent consulting agreement be allowed as an administrative expense claim?
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Court
:
- 11 U.S.C.
BreakPointe, LLC v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.)
Jul
14
2014
Ruling
Interest in lease and in rentals due remained property of the estate following foreclosurepursuant to terms of limited relief from stay. (Bankr. M.D. Fla.)
Issue(s)
Whether, after the satisfaction of its foreclosure judgment by the sale of the real estate, a mortgagee may continue to collect on the additional collateral of the debtor's interest in the defaulted lease and the rent due from obligors thereunder?
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Court
:
- 11 U.S.C.
Wolfe v. United States Dept of Educ. (In re Wolfe)
Oct
04
2013
Ruling
Student loan debt was dischargeable where debtor was disabled by persistent mental illness.
Issue(s)
Whether a chapter 7 debtor who was 47 years old, single, unemployed, and receiving SSI disability payments met his burden of showing that student loan debt in the amount of $92,760 he owed to the U.S. Department of Education ("DOE") was dischargeable under 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Stone
Jun
14
2012
Ruling
Proofs of claim filed one day after claims bar date barred as untimely.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a creditor filed four proofs of claim against the debtor's bankruptcy estate and a motion which asked the court to consider the claims as timely filed. The debtor filed an objection to the creditor's claims, claiming that they were time-barred. The court held a hearing on the debtor's objection.
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Court
:
- 11 U.S.C.
In re Lavin
Jan
19
2010
Ruling
Abuse dismissal denied due to implications of debtor's serious illness.
Procedural posture
The United States trustee moved to dismiss the debtor's chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B), asserting that the debtor had the ability to pay at least $ 668.19 per month to his creditors, which would result in a 100 percent dividend in less than 60 months, and that granting of a discharge would be an abuse of the provisions of chapter 7, under the totality of the circumstances test.
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Court
:
In re Schwaim
Jan
16
2008
Ruling
Inclusion of negative equity, gap insurance and extended warranty premiums in "910" vehicle loan did not defeat purchase money status, preventing strip down.
Procedural posture
The debtors owned two vehicles with each vehicle being financed by a separate creditor. The debtors filed motions to value the secured claims of these two creditors. The issue was whether the creditors were protected by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
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Court
:
- 11 U.S.C.
In re Sterling Fin. Servs. of Florida - 1 Inc.
Aug
24
2007
Ruling
Creditors who did not receive or cash distribution checks could make claims against funds in registry.
Procedural posture
The debtor filed for relief under chapter 11. The liquidation trustee made final distributions, and a remaining amount of $22,176 in uncashed distribution checks was deposited into the registry of the court. Two claimants sought payment from the funds and the debtor alleged they had forfeited any claims to the money.
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Court
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In re Chouinard
Dec
20
2006
Ruling
Joint debtors could exert state homestead exemption up to amount of cap.
Procedural posture
The chapter 7 trustee filed an objection to the debtors'claimed homestead exemption. The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Bauman v. Post (In re Post)
Aug
10
2006
Ruling
Debtor's prepetition transfers, postpetition transfers to undisclosed account and omissions from schedules warranted denial of discharge.
Procedural posture
Chapter 7 trustee objected to debtors'discharge under 11 U.S.C. § 727(a)(2) and (4).
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Court
:
- 11 U.S.C.
Home Loan Corp. v. Hall (In re Hall)
Apr
10
2006
Ruling
Loan obligation was deemed nondischargeable due to debtor's misrepresentations on which lender justifiably relied.
Procedural posture
Plaintiff creditor filed an adversary proceeding challenging the dischargeability of a loan obligation incurred by defendant debtor, pursuant to 11 U.S.C. § 523(a)(2). The creditor alleged that the debtor made materially false statements to obtain the loan. The court conducted a hearing on the issues presented in the proceeding.
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Court
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