- 11 U.S.C.
In re De La Rosa
Apr
05
2006
Ruling
Bankruptcy court refused to reopen case after five years to allow debtor to list omitted judgment creditor due to prejudice to creditor.
Procedural posture
A debtor filed a motion to re-open his bankruptcy case to add an omitted creditor, pursuant to 11 U.S.C. § 350.
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Court
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In re Hughes
Mar
31
2006
Ruling
Trustee was denied motion to impose fee on creditor mortgagee for sale of property since trustee's efforts did not bestow benefit on creditor.
Procedural posture
The chapter 7 trustee filed a motion for approval of the sale of certain real property, free and clear of any liens, encumbrances or mortgages against the property, and also sought to impose against the proceeds of sale, his fees and expenses, as well as the fees and expenses of his attorney and his real estate broker.
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Court
:
- FRBP
In re Martinez
Mar
27
2006
Ruling
Debtor's motion for contempt and sanctions was denied since Rule 7062 did not impose 10-day waiting period on creditor before repossession.
Procedural posture
The debtors filed a motion for contempt and for sanctions after the secured creditor repossessed the debtors'automobile after the debtors fell behind in their plan payments that were entered pursuant to chapter 13.
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Court
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In re Clarke
Mar
24
2006
Ruling
Court deemed automatic stay was revived on reinstatement of case and, thus, state court orders denying debtor's objection to foreclosure sale were void.
Procedural posture
Debtor's bankruptcy case was reinstated on January 24, 2006. Debtor filed a suggestion of bankruptcy with the state court. On February 28, 2006, the state court entered orders denying debtor's objection to a foreclosure sale, and granting the purchaser's request for a writ of possession in foreclosure. On the afternoon of February 28, debtor filed an emergency motion to vacate and/or stay state court order denying his objection to foreclosure.
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Court
:
- 11 U.S.C.
In re Wagstaff
Mar
20
2006
Ruling
Trustee's objection to debtor's claimed exemption in residence held as tenancy by entirety was sustained since section 522(p)(1)'s $125,000 limitation applied and one creditor's claim was against both debtor and debtor's husband.
Procedural posture
The debtor filed a proceeding for relief under chapter 7 and claimed a homestead exemption and a tenancy by the entireties exemption. The trustee objected to the claimed property exemptions.
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Court
:
- 11 U.S.C.
In re Westenberger
Mar
15
2006
Ruling
Debtor was granted reconsideration of dismissal due to deficient certification of exigent circumstances since debtor described sufficiently exigent circumstances in having counseling agency make debtor wait five days until debtor's check cleared.
Procedural posture
The debtor filed an emergency motion to reconsider an earlier order that dismissed the case. The debtor sought relief under chapter 7, and the court had dismissed the petition because the debtor had not obtained budget and credit counseling before filing his petition, as required by 11 U.S.C. § 109(h)(3)(A)(i).
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Court
:
In re Farkas
Mar
09
2006
Ruling
Motions to dismiss were denied since "for cause" grounds for dismissal under section 707(a) were not present.
Procedural posture
A chapter 7 matter was before the court upon the Amended Motion to Dismiss Bankruptcy Proceeding filed by movants, two creditors, and upon the Joinder to the Creditors'Motion to Dismiss filed by movant, a third individual who had also filed a proof of claim.
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Court
:
- 11 U.S.C.
Kapila v. WLN Family Ltd. Pship (In re LeNeve)
Mar
08
2006
Ruling
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
Procedural posture
Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)
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Court
:
- 11 U.S.C.
Goldberg v. Countrywide Home Loans Inc. (In re Seaway Intl Transp. Inc.)
Mar
08
2006
Ruling
Transfers were deemed not fraudulent since debtors received reasonably equivalent value by compensating their principal owner solely by making the owner's mortgage payments in exchange for the owner's services.
Procedural posture
Plaintiff trustee filed an action against defendant bank alleging that payments that the debtors had made to the creditor, to make mortgage payments that were owed to the creditor by the debtors'principal owner, were fraudulent transfers that could be recovered for the benefit of the debtors'estates, pursuant to 11 U.S.C. §§ 544 and 548.
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Court
:
- 11 U.S.C.
In re Calderon
Mar
08
2006
Ruling
Case was dismissed since debtor did not meet the prefiling credit counseling exception under section 109(h)(3).
Procedural posture
Debtor filed a pro se bankruptcy petition and a statement regarding her failure to obtain the credit counseling required by 11 U.S.C. § 109(h)(1) prior to filing the petition.
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Court
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