- 11 U.S.C.
Webster v. Coulter (In re Coulter)
Feb
25
2010
Ruling
Debtor could not claim exemption for personal injury cause of action that was not properly disclosed in schedules.
Procedural posture
Debtors filed with an Amended Schedule C--Property Claimed As Exempt. The chapter 7 trustee filed an objection to the claimed exemptions.
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In re Hall
Sep
24
2009
Ruling
Fee dispute between personal injury lawyer and attorney who handled wrongful death case for estate over alleged prepetition fee sharing arrangement was a matter for state court.
Procedural posture
Movant attorney filed a motion for a potential administrative fee under 11 U.S.C.S. § 328(a) or § 330(a) and also a motion seeking disgorgement of attorneys' fees paid to respondent counsel.
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Court
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- 11 U.S.C.
Shelton v. Granger (In re Granger)
Jul
30
2008
Ruling
Damages and attorneys' fees resulting from debtor's fraud and provision of false financial statements to creditor were nondischargeable.
Procedural posture
Plaintiff creditors filed an adversary complaint for a determination that the damages and attorney fees incurred as a result of defendant debtor's fraud and false statements was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B).
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Court
:
- FRBP
Harris v. Brown (In re Brown)
Mar
11
2008
Ruling
Debtor's brother sanctioned for frivolous and mertiless filings.
Procedural posture
Before the court was movant chapter 7 trustee's motion for sanctions pursuant to Fed. R. Bankr. P. 9011(c) against respondent, debtor's brother, who had a one-third interest in the assets and liabilities of debtor.
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Court
:
- FRBP
Harris v. United States (In re Brown)
Feb
14
2008
Ruling
Debtor sanctioned for repeated filing of frivolous, meritless, and harassing motions against trustee.
Procedural posture
Plaintiff/movant trustee filed an adversary proceeding to determine the extent and validity of defendant United States' (acting through the Internal Revenue Service (IRS)) claim for taxes and for criminal restitution. Pending was the trustee's motion for sanctions pursuant to Fed. R. Bankr. P. 9011(c). Respondent debtor did not file a response.
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Court
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In re McEver
Feb
12
2008
Ruling
Fact that colleague at former law firm had served as officer of two corporations of which debtor was a shareholder was not grounds for disqualification of counsel.
Procedural posture
Movant, the Acting United States Trustee (UST), filed a motion to set aside an order that granted the application to employ counsel for the debtor. The UST contended that counsel was disqualified from representing the debtor because an attorney in counsel's former law firm would have been disqualified.
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Court
:
In re Adams
Mar
01
2007
Ruling
Vehicle purchased primarily for use of non-debtor spouse was not subject to anti-bifurcation provisions of "hanging paragraph."
Procedural posture
The debtor moved for confirmation of his proposed chapter 13 plan. The creditor, which held a security interest in the debtor's vehicle which the debtor purchased within 910 days of the date that he filed for bankruptcy relief, filed an objection. The creditor objected to the plan's bifurcation of its claim. The issue concerned the interpretation of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
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:
- 11 U.S.C.
Capital One Auto Fin. v. Bivins (In re Bivins)
Feb
23
2007
Ruling
Secured creditor could not claim deficiency where debtor surrendered vehicle in full satisfaction of claim.
Procedural posture
Respondent debtor petitioned for relief under chapter 13 and filed a plan for confirmation. Movant creditor, who had provided financing for the debtor's car, objected to the confirmation when the debtor proposed returning the car for satisfaction of the debtor's claim.
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:
- 11 U.S.C.
In re Dillard
Feb
07
2007
Ruling
Motion to extend stay denied as to creditor that foreclosed on debtor's property after prior bankruptcy was dismissed for failure to comply with credit counselling requirement.
Procedural posture
After a foreclosure deed conveyed the interest of movant debtor in her residence to a creditor, a special warranty deed was filed that conveyed the creditor's interest in the residence to respondent guarantor, who had guaranteed the debtor's obligation to the creditor. In her second bankruptcy proceeding, the debtor filed a motion to extend the stay under 11 U.S.C. § 362(c)(3), the guarantor opposed this extension.
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Court
:
- 11 U.S.C.
In re Total Woman Healthcare Ctr. PC
Dec
14
2006
Ruling
Appointment of health care ombudsman not necessary where patient care was not affected by debtor's bankruptcy.
Procedural posture
The United States Trustee ("UST") filed a motion for a determination as to whether the debtor was a health care business and, if so, for the appointment of a patient care ombudsman pursuant to 11 U.S.C. § 333. The UST contended that the debtor was a "health care business" and an ombudsman was necessary. The debtor objected.
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Court
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