In re Joachin
Apr
13
2015
Ruling
Postpetition foreclosure of debtor's condominium by association that had notice of debtor's bankruptcy was void.
Issue(s)
Did creditor's knowledge of debtor's bankruptcy filing render its postpetition foreclosure void?
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Court
:
In re Charania
Mar
11
2015
Ruling
Debtor could claim homestead exemption in case reopened after seven years.
Issue(s)
Could debtor in reopened case claim a homestead exemption in property he did not believe he owned at the time of his original bankruptcy filing?
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Court
:
- 11 U.S.C.
Coyle v. United States (In re Coyle)
Jan
14
2015
Ruling
IRS debt was nondischargeable where debtor's post-assessment return was not a good faith filing.
Issue(s)
Whether the Debtor's untimely Form 1040, filed after the IRS assessed tax liability, is a "return" as that term is used in §523(a)(1)(B) of the Bankruptcy Code or was it not a valid return making the debt nondischargeable?
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Court
:
- 11 U.S.C.
In re Marty
Dec
30
2014
Ruling
Late filed proof of claim by unscheduled creditor disallowed.
Issue(s)
Could a late-filed claim by an unscheduled creditor be allowed?
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Court
:
- 11 U.S.C.
In re Guardin
Nov
24
2014
Ruling
Complaint and prosecution up to judgment under state unfair trade practices act was not subject to stay.
Issue(s)
Whether the State of Florida, office of the Attorney General, was entitled to an order declaring that the automatic stay was inapplicable to its action seeking to add debtor husband as an additional defendant in a complaint pending against others in state court alleging violations of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).
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Court
:
In re Solitran Devices Inc.
May
23
2014
Ruling
Potentially responsible parties had no claim for contribution with respect to hazardous waste clean-up against debtor where underlying claim by state had been discharged.
Issue(s)
Could potentially responsible parties for hazardous waste clean-up costs seek a claim for contribution against debtor whose liability to the state on the underlying claim had been discharged?
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Court
:
- 11 U.S.C.
In re Muhlig
Jun
25
2013
Ruling
Dismissal of debtor's wrongful death action without notice to trustee violated stay.
Procedural posture
Trustee sought reconsideration of the court's earlier order denying a motion for contempt against defendant tobacco companies for violating the automatic stay in 11 U.S.C.S. § 362(a)(3) by seeking summary judgment against debtor in a wrongful death action without notifying the trustee.
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Court
:
- 11 U.S.C.
In re Ascuntar
Jan
02
2013
Ruling
Postpetition joint tax refund to debtor and non-debtor spouse was not held by the entireties and was not exempt.
Procedural posture
Before the court in debtor's chapter 7 case was the Trustee's Amended Objection to Exemptions.
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Court
:
- 11 U.S.C.
In re Elkin
Nov
16
2012
Ruling
Attorneys' fees incurred in child custody litigation were entitled to administrative expense priority.
Procedural posture
An attorney representing the mother of a bankruptcy debtor's child in a child custody dispute between the debtor and the mother filed a proof of claim for attorney fees awarded to the attorney in the custody litigation as a domestic support obligation entitled to priority as an administrative claim under 11 U.S.C.S. § 507(a)(1). The debtor objected to allowance of the claim.
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Court
:
In re Sundale Ltd.
Nov
09
2012
Ruling
Oversecured creditor entitled to reasonable fees and costs arising from litigation largely caused by debtors and principal.
Procedural posture
Before the court was a mortgage creditor's Motion for Fees and Costs Pursuant to 11 U.S.C.S. § 506(b). Debtor opposed the Motion.
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Court
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