- FRBP
In re Biggs
Jul
19
2012
Ruling
Creditor's fifth motion to extend time to object to discharge denied as filed after deadline and after discharge had entered.
Procedural posture
This cause came before the court upon a creditor's Fifth Motion for Extension of Time to Object to Discharge. Debtor objected to the requested extension.
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Court
:
- 11 U.S.C.
Kane & Kane v. United States
Jul
16
2012
Ruling
United States was initial transferee of personal income tax payments of partners made by partners' firm.
Procedural posture
Plaintiff chapter 7 trustee moved for summary judgment on three counts of his complaint against defendant U.S., alleging that certain transfers were constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B) and Fla. Stat. § 726.106(1), and requesting recovery of any avoided transfers. The U.S. requested summary judgment in its favor on all counts, on the basis that it was not an initial transferee within the meaning of 11 U.S.C.S. § 550(a)(1).
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Court
:
- 11 U.S.C.
Inman v. Hearn (In re Inman)
Jun
22
2012
Ruling
Domestic support order was nondischargeable and charging lien could not be avoided pursuant to res judicata.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendant, his ex- wife, seeking an order, inter alia, which avoided charging liens his wife obtained on property he owned in Colorado, required his ex-wife to turn over property, and subordinated a claim his ex-wife filed against his bankruptcy estate to all general unsecured claims. The case was tried to the court.
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Court
:
- 11 U.S.C.
Inman v. Hearn (In re Inman) 2012 Bankr. LEIXS 2771
Jun
18
2012
Ruling
Claim for alimony was a nondischargeable domestic support obligation and related charging lien could not be avoided.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against his ex-wife seeking an order, inter alia, which avoided charging liens his wife obtained on property he owned in Colorado, required his ex-wife to turn over property, and subordinated a claim his ex-wife filed against his bankruptcy estate to all general unsecured claims. The case was tried to the court.
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Court
:
- 11 U.S.C.
Stewart Tilghman Fox & Bianchi P.A. v. Kane (In re Kane)
May
10
2012
Ruling
Discharge denied where debtor lawyer paid personal taxes from trust account and secretly settled case to minimize clients' recovery.
Procedural posture
Lawyers, who had won a state court judgment against debtors, two lawyers (Lawyer 1 and Lawyer 2) and their firm, on account of fees that plaintiffs claimed to have been defrauded out of by debtors, sought nondischargeability and/or denial of discharge under 11 U.S.C.S. § 727 and /or 11 U.S.C.S. § 523.
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Court
:
- 11 U.S.C.
In re Helm
May
09
2012
Ruling
Objection to 50 percent exemption claimed by debtor in properties owned by entireties with non-debtor spouse sustained.
Procedural posture
Chapter 7 debtor and creditors filed objections to exemptions claimed by the debtor under 11 U.S.C.S. § 522(b)(3)(B). The trustee filed a motion for turnover of property held by the debtor and non-debtor spouse.
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Court
:
- 11 U.S.C.
Bakst v. Cario (In re Cario)
Apr
03
2012
Ruling
Estate held a one-half interest in property where notation on quit claim deed to debtor, even if valid, was junior to trustee's interest as bona fide purchaser.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an adversary action against defendant grantor, seeking a ruling that debtor's estate held title to an undivided one-half interest in certain real property, free of any claim of the grantor, and an order authorizing the trustee to sell the real property. Grantor countered that the debtor grantee held a one-half interest in the real property for the grantor as a constructive or resulting trust.
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Court
:
- 11 U.S.C.
In re Larkin
Mar
30
2012
Ruling
Trustee's settlement of foreclosure disapproved as trustee could not waive debtor's defenses.
Procedural posture
This matter came before the court upon the Motion to Approve Stipulation to Compromise Controversy filed by the chapter 7 Trustee and debtor's Objection thereto. The Trustee sought an order approving a settlement with the mortgage lender holding a lien on debtor's homestead.
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Court
:
- 11 U.S.C.
In re Gilbert
Feb
27
2012
Ruling
Payment of allowed secured claim beyond term of plan approved.
Procedural posture
Chapter 13 debtor filed a motion to allow the debtor to pay mortgage payments to the creditor beyond the term of the chapter 13 plan and determine the treatment of the arrears.
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Court
:
- 11 U.S.C.
Johnson v. Manatee Bay Apts. Corp. (In re Johnson)
Nov
17
2011
Ruling
Post-deemed rejection, post-discharge rent default was not discharged.
Procedural posture
Debtors filed an adversary proceeding against defendant landlord. The debtors sought a declaration that the landlord's claim arising from the debtors' post-petition failure to make payments under a residential lease agreement was discharged in their chapter 7 case. Both parties filed motions for summary judgment.
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Court
: