- 11 U.S.C.
In re Obregon
Jan
23
2015
Ruling
Chapter 13 case ordered dismissed unless the debtor paid outstanding amounts under plan and trustee's fees within 30 days.
Issue(s)
Should chapter 13 case be dismissed where had not paid into the confirmed plan sufficient funds to pay all of the allowed unsecured claims?
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Court
:
- 11 U.S.C.
In re Obregon
Jan
23
2015
Ruling
Chapter 13 case ordered dismissed unless the debtor paid outstanding amounts under plan and trustee's fees within 30 days.
Issue(s)
Should chapter 13 case be dismissed where had not paid into the confirmed plan sufficient funds to pay all of the allowed unsecured claims?
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Court
:
- 11 U.S.C.
In re Santana
Jan
16
2015
Ruling
Bank's objection to confirmation of debtor's chapter 13 plan overruled.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied based on bank's objection claiming that it did not provide adequate protection?
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Court
:
- 11 U.S.C.
In re Hinds-Santiago
Jan
15
2015
Ruling
Interest rate on loan for which the original maturity date was after the last payment due under debtor's plan was not subject to modification.
Issue(s)
Could debtor modify the interest rate of a loan with an original maturity date that fell within the period of debtor's chapter 13 plan or did the new maturity date set by a prepetition loan modification, which fell after the last plan payment, bar modification?
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Court
:
- FRBP
In re Majorca Isles Master Assn
Mar
27
2014
Ruling
Late filed proof of claim allowed due to creditor's failure to receive notice and lack of prejudice to debtor.
Issue(s)
Was creditor entitled to file a late proof of claim due to excusable neglect or on due process grounds due to failure of notice?
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Court
:
- 11 U.S.C.
Mendizabal v. Hernandez-Abreu (In re Hernandez-Abreu)
Jan
09
2014
Ruling
Dental malpractice judgment discharged absent express false statements or misrepresentations.
Issue(s)
Was dental malpractice judgment nondischargeable due to fraudulent misrepresentation?
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Court
:
- 11 U.S.C.
In re Castellon
Aug
20
2013
Ruling
Bank's stay relief motion constituted an informal proof of claim.
Issue(s)
Whether a bank's actions constituted the filing of an informal proof of claim.
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Court
:
- 11 U.S.C.
In re Hartigan
Jun
21
2013
Ruling
Sanctions for technical violation of stay denied.
Procedural posture
The chapter 7 debtor filed a motion for sanctions against a creditor for violation of the automatic stay under 11 U.S.C.S. § 362.
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Court
:
- 11 U.S.C.
In re Lorenzo
May
09
2013
Ruling
Plan could not be modified to include newly listed expenses.
Procedural posture
Chapter 13 debtors filed a proposed third modified plan, seeking to reduce the payment to their unsecured creditors by $52,372.72 (from $141,972.32 to $89,599.60). The chapter 13 trustee objected to the modification as not in compliance with the Bankruptcy Code.
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Court
:
- 11 U.S.C.
Kapila v. Spiegel LLC (In re Fountainebleau Las Vegas Holdings LLC)
Apr
12
2013
Ruling
Payments for work performed prior to preference period were not avoidable.
Procedural posture
Plaintiff trustee filed a complaint against defendant seeking to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. § 547. Defendant filed a motion for summary judgment.
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Court
: