- 11 U.S.C.
In re Roberts
Mar
11
2015
Ruling
Homestead exemption reduced where debtors acquired the property by liquidating nonexempt assets with intention of hindering, delaying or defrauding creditors.
Issue(s)
Whether the debtors' homestead exemption should be reduced in an amount equal to the value of non-exempt assets the debtors liquidated within ten years pre-petition?
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Court
:
Colon v. Wright (In re Wright)
Mar
09
2015
Ruling
Trustee's proceeding to recover transfers made prior to conversion from chapter 11 to chapter 7 dismissed as time-barred.
Issue(s)
Should trustee's proceeding to avoid transfers made prior to conversion from chapter 11 to chapter 7 be dismissed?
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Court
:
- 11 U.S.C.
In re Trussel
Mar
05
2015
Ruling
Debtor could not be compelled to reaffirm debt in accordance with stated intention absent bad faith.
Issue(s)
Could debtor who had stated intention to surrender property be compelled to do so?
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Court
:
- 11 U.S.C.
Bender v. James (In re Hintze)
Feb
11
2015
Ruling
Trustee could avoid security interest that was insufficient under state law.
Issue(s)
Was security interest in "in all of Maker's assets" sufficiently specific to prevent avoidance by trustee?
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Court
:
In re Blackburn
Feb
03
2015
Ruling
Debtor could not strip down IRS lien secured by interest in all of debtors' property.
Issue(s)
Could debtors strip down multiple liens securing an IRS claim based on the value of one specific parcel of liened property?
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Court
:
- 11 U.S.C.
Holoka v. Deutsche Bank Natl Trust Co. (In re Holoka)
Dec
22
2014
Ruling
Request for deficiency judgment was at least a technical violation of the discharge injunction.
Issue(s)
Did lender's postdischarge request for a deficiency judgment violate the automatic stay?
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Court
:
- 11 U.S.C.
In re Catalano
Jun
05
2014
Ruling
Post discharge issuance of certificate of title stripped debtor of right to redeem property.
Issue(s)
Whether a valid certificate of sale cuts off a debtor's ability to strip off a wholly unsecured junior lien?
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Court
:
In re Thomas
Aug
08
2013
Ruling
Surcharge and turnover of exempt IRA not warranted by omission of prepetition contracts from statements and schedules.
Issue(s)
Was trustee entitled to surcharge and turnover of debtor's exempt IRA.
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Court
:
SunTrust Bank v. Mitchell (In re Mitchell)
Jul
15
2013
Ruling
Discharge denied due to pattern of concealment and reckless indifference to the truth.
Procedural posture
Debtors, a husband and a wife, filed a voluntary petition for chapter 7 relief. The bank filed an adversary proceeding seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4), and (5). The bank moved for summary judgment.
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Court
:
In re Bryant
Jul
03
2012
Ruling
Case dismissed for bad faith where debtor led lavish lifestyle and filed solely to avoid creditor's judgment.
Procedural posture
Debtor filed a petition under chapter 7, and movant creditor filed a motion to dismiss the debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 707(a), on the grounds that the debtor filed his case in bad faith. The court denied the debtor's motion for summary judgment and held a hearing on the creditor's motion.
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Court
: