Cadle Co. v. Stasch (In re Stasch)
Mar
31
2008
Ruling
Discharge denied due to debtor's concealment of multiple assets, nondisclosures and violation of court orders.
Procedural posture
Plaintiff filed a motion for summary judgment in its action against defendant chapter 7 debtor, seeking to deny the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (B), § 727(a)(3), § 727(a)(4)(A), § 727(a)(5), and § 727(a)(6).
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Court
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In re Levitt & Sons LLC
Feb
13
2008
Ruling
Postpetition financing for debtor-in-possession allowed as in best interests of the estate.
Procedural posture
Bankruptcy debtors in possession developed and sold single family homes in planned residential communities, and developments were in varying stages of completion. The debtors moved for authorization to obtain postpetition financing on a superpriority secured and priming basis from the debtors' primary prepetition lender, and junior lien holders objected to the motion.
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Court
:
- 11 U.S.C.
In re Alternate Family Care
Oct
30
2007
Ruling
Court declined to appoint health care ombudsman for debtor serving emotionally disturbed children.
Procedural posture
Debtor corporation filed a petition under chapter 11, and the United States Trustee ("UST") filed a motion seeking appointment of a patient care ombudsman pursuant to 11 U.S.C. § 333(a)(1).
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Court
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In re Hawkins
Oct
30
2007
Ruling
Creditor who did not pursue claim in bankruptcy violated discharge injunction by seeking constructive trust and lien on debtor's residence.
Procedural posture
A discharged chapter 7 debtor filed a motion against a creditor and the creditor's counsel for contempt and sanctions pursuant to 11 U.S.C. § 524(a) for violating the discharge injunction.
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Court
:
- 11 U.S.C.
In re Franzese
Jul
19
2007
Ruling
Stay extended in debtors'second case in 180 days despite late filing of motion as in best interests of debtors and reorganization.
Procedural posture
The debtors filed for relief 180 days after their earlier case under chapter 13 was dismissed. The debtors filed an emergency motion to continue the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B) and (4)(B).
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Court
:
- 11 U.S.C.
Bellavia v. Simonetti (In re Bellavia)
Jul
18
2007
Ruling
Unsecured debt in "no asset" case of which creditor did not receive notice was not excepted from discharge.
Procedural posture
Plaintiff debtors filed for relief under chapter 7. The debtors filed an amended complaint to determine the dischargeability of a debt owed to defendant creditor. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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In re Fletcher
Jun
19
2007
Ruling
Secured claim against truck allegedly purchased for business purposes but clearly used for personal purposes could not be bifurcated due to operation of hanging paragraph.
Procedural posture
A chapter 13 bankruptcy debtor sought a determination of the secured status of a claim of a creditor secured by the debtor's truck, and the debtor moved to value the truck under 11 U.S.C. § 506(a) for purposes of stripping down the creditor's lien. The creditor asserted that section 506 did not apply pursuant to 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5) since the truck was purchased for personal use.
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Court
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In re Loe
Mar
29
2007
Ruling
Involuntary case filed against state's attorney by inmate he convicted of murder dismissed for bad faith.
Procedural posture
Debtor, an assistant state attorney, filed an emergency motion to dismiss an involuntary bankruptcy proceeding filed pursuant to 11 U.S.C. § 305(b) that had been filed against him by a purported creditor whose criminal conviction had resulted from a prosecution handled by the alleged debtor. At issue was whether the petition was properly dismissed as a bad faith filing.
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Court
:
- 11 U.S.C.
In re Miller
Feb
27
2007
Ruling
Repossession of debtor's car violated stay regardless of lack of notice to creditor.
Procedural posture
A chapter 13 debtor filed a motion for turnover of a vehicle repossessed by a creditor in violation of the automatic stay of 11 U.S.C. § 362.
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Court
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In re Weinraub
Jan
24
2007
Ruling
Tenant certificate requirement waived so that eviction proceedings against debtor were stayed.
Procedural posture
Chapter 13 debtors filed a motion to waive the requirements of 11 U.S.C. § 362(l) and confirm that the automatic stay was in effect as to creditor.
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Court
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