- 11 U.S.C.
Wood v. United States (In re Wood)
Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate automatic stay since the stay was lifted when the debtor received a discharge and the income tax deficiencies were exempted from discharge.
Procedural posture
Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
Wood v. United States (In re Wood)
Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate discharge injunction since the income tax deficiencies were exempted from discharge.
Procedural posture
Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
In re Petit-Louis
Mar
01
2006
Ruling
Debtor with limited English skills was granted a waiver of the prefiling credit counseling requirement since none of the counseling agencies could provide counseling in the debtor's language of Creole.
Procedural posture
A chapter 7 debtor requested that the court waive the pre-bankruptcy counseling requirement pursuant to 11 U.S.C. § 109(h)(3). The assistant U.S. trustee did not support the request. The cause was heard pursuant to the court's notice of hearing on Debtor's Certification of Exigent Circumstances.
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Court
:
In re Isham
Feb
24
2006
Ruling
Court denied motion to dismiss debtor's chapter 7 case since "for cause" grounds for dismissal were not present.
Procedural posture
A creditor filed a motion to dismiss the debtors'chapter 7 bankruptcy case for lack of good faith, pursuant to 11 U.S.C. § 707(a).
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Court
:
- 11 U.S.C.
In re Main Line Corp.
Feb
01
2006
Ruling
Commission payments for consulting services were not entitled to treatment as an administrative expense under section 503(b)(1)(A).
Procedural posture
After debtor filed a voluntary chapter 11 bankruptcy petition, movant individual filed a motion for allowance and payment of an administrative claim. The individual claimed that the debtor received payments post-petition from customers secured through the individual's consulting services. The debtor moved for summary judgment.
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Court
:
Tucker v. Turkey Creek Ltd. Liab. Co.
Jan
31
2006
Ruling
Court held that state court judgment did not collaterally estop debtor from challenging debt nondischargeability since constructive knowledge of falsity was not sufficient to support nondischargeability finding.
Procedural posture
Appellant chapter 7 debtor challenged a decision of the bankruptcy court, which held that the debtor was collaterally estopped from relitigating the issue of whether debt owed to appellee creditor was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (a)(6).
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Court
:
- 11 U.S.C.
In re Kane
Jan
04
2006
Ruling
Debtor was granted an exemption from estate property for an IRA created from a rolled over exempt employee stock ownership plan.
Procedural posture
In a proceeding asserted under chapter 7, the trustee objected to amended claimed exemptions that the debtor asserted to the funds maintained by the debtor in an individual retirement account ("IRA") and the trustee sought a turnover of the funds to the estate.
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Court
:
- 11 U.S.C.
In re E.S. Profl Servs.
Oct
20
2005
Ruling
Creditor's involuntary petition was dismissed where the debtor showed that the debtor had more than twelve creditors and was generally paying its debts as they came due.
Procedural posture
Petitioning creditor filed an involuntary bankruptcy petition under 11 U.S.C. § 303(b)(2) against the alleged debtor. The court conducted a trial on the involuntary bankruptcy petition.
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Court
:
In re Salazar
Sep
16
2005
Ruling
Court compensated trustee and trustee's attorney based on funds actually distributed from the estate and rejected their "constructive disbursement"theory.
Procedural posture
The chapter 7 trustee and the attorney for the trustee both filed applications for fees.
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Court
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