- 11 U.S.C.
In re Kourogenis
Oct
07
2015
Ruling
Creditor could not reopen case to seek order requiring debtor to surrender property in foreclosure.
Issue(s)
Could creditor reopen case to compel debtor to surrender property in foreclosure?
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Court
:
- 28 U.S.C.
In re Ocean 4660 LLC
Jul
21
2015
Ruling
Grounds did not exist for recusal of bankruptcy judge.
Issue(s)
Whether to grant a creditor's motion to disqualify the bankruptcy court judge.
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Court
:
- 28 U.S.C.
In re Damerau
Feb
18
2015
Ruling
Disqualification of bankruptcy judge denied where decisions were reasonable and there was no evidence of bias against debtor.
Issue(s)
Should debtor's motion for recusal of bankruptcy judge be granted?
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Court
:
- 11 U.S.C.
In re Falck
Jan
29
2014
Ruling
Non-attorney bankruptcy petition preparers sanctioned for numerous violations.
Issue(s)
Should bankruptcy petition preparer be sanctioned for preparing and filing debtor's petition, statement of Social Security number, declaration, disclosure, application, payment advices, statement of current monthly income and disposable income calculation, certificate of budget and credit counseling, schedules, and chapter 13 plan.
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Court
:
CIB Marine Capital LLC v. Herman (In re Herman)
Aug
05
2013
Ruling
Discharge denied due to concealment of interest in $10 million in legal fees.
Issue(s)
Was denial of discharge appropriate due to debtor's concealment of $10 million in prepetition legal fees and nondisclosure of prepetition transfers to spouse.
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Court
:
- 11 U.S.C.
In re Perlman
Apr
05
2012
Ruling
Reaffirmation procedures are not properly applied to lease assumptions.
Procedural posture
Debtors in these cases sought approval of "reaffirmation agreements" under 11 U.S.C.S. § 524 which were actually lease assumption agreements governed by 11 U.S.C.S. § 365(p)(2).
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Court
:
- FRBP
In re Macfarland
Nov
10
2011
Ruling
Debtors' counsel sanctioned for objecting to claims and scheduling debts as disputed without good faith basis.
Procedural posture
The court conducted show-cause hearings in 11 chapter 13 cases to determine whether each debtors' counsel violated Fed. R. Bankr. P. 9011(b) by filing claim objections and if so, whether the debtors' counsel should be sanctioned. In those cases in which claims were disallowed, the court considered whether the claim objections should be stricken and whether the orders disallowing the claims should be vacated pursuant to Fed. R. Bankr. P. 9024.
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Court
:
In re Quiros-Amy
Sep
19
2011
Ruling
Debtors who were not eligible for chapter 13 discharge could not strip off unsecured junior liens.
Procedural posture
In separate cases, two debtors filed petitions under Chapter 13 of the Bankruptcy Code less than four years after they received Chapter 7 discharges, and they asked the court to issue an order which declared that they could strip off junior mortgages on their principal residences.
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Court
:
- 11 U.S.C.
In re Agustin
Jun
27
2011
Ruling
Debtors could not extend two modified mortgages beyond life of chapter 13 plan.
Procedural posture
Debtors filed motions seeking to extend two mortgages beyond the life of their Chapter 13 Plan. Creditors opposed the motions.
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Court
:
In re Piazza
Jun
17
2011
Ruling
Case filed to avoid large single debt by debtor with sufficient resources to pay debts dismissed for bad faith.
Procedural posture
Creditor, the holder of a substantial judgment against the debtor, filed a motion to dismiss the debtor's Chapter 7 petition pursuant to 11 U.S.C.S. § 707.
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Court
: