- 11 U.S.C.
In re Camelot Club Condo. Assn
Aug
09
2011
Ruling
Debtor condominium association's case dismissed due to inability to fund plan.
Procedural posture
The U.S. Trustee sought to dismiss the bankruptcy case of a Chapter 11 debtor, a condominium association, under 11 U.S.C.S. § 1112(b)(4)(A). The main issue was a disputed proof of claim filed by the City for unpaid water service and sewer charges.
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Court
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Rodriguez v. United States (In re Rodriguez)
Mar
23
2010
Ruling
Proceeding to require Social Security Administration to waive recovery of overpayment of disability payments was not related to bankruptcy.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendant United States (Government), seeking an order requiring the U.S. Department of Health and Human Services, Social Security Administration (SSA) to waive recovery of overpayments of Social Security disability benefits the debtor received from 2000 to 2005. The Government filed a motion to dismiss for lack of subject matter jurisdiction.
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Court
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Franz v. Foster (In re Foster)
Feb
26
2010
Ruling
Creditor who extended loan to debtor who falsely promised to market her song held a nondischargeable claim.
Procedural posture
Creditor filed an amended pro se complaint against defendant chapter 7 debtor objecting to the dischargeability of her claim pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(6). The debtor filed a motion to dismiss the amended complaint pursuant to Fed. R. Bankr. P. 7012(b) and Fed. R. Civ. P. 12(b)(6).
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Court
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- 11 U.S.C.
Franz v. Foster (In re Foster)
Oct
05
2009
Ruling
Pro se complaint for denial of discharge dismissed as insufficient.
Procedural posture
Pro se plaintiff's complaint alleged that defendant debtor lied to obtain funds loaned to him by her. The adversary proceeding cover sheet referenced 11 U.S.C.S. §§ 523(a)(2), 523(a)(6), 727. Debtor moved to dismiss the complaint for improper service and for failure to state a claim for relief.
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Court
:
- 11 U.S.C.
In re McGuirk
Aug
31
2009
Ruling
Chapter 7 trustee's motion to sell estate's interests in all the trustee's avoidance claims and two accounts receivable to creditor denied.
Procedural posture
This chapter 7 case came before the court for a hearing on the chapter 7 trustee's motion for authority to sell the estate's interests in all the trustee's avoidance claims and two accounts receivable to a creditor for $ 5,000.
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Court
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- 11 U.S.C.
Newton v. Pettigrew (In re Alliance Res. Mgmt. LLC)
Aug
27
2009
Ruling
Title insurer denied relief from stay to pursue fraudulent conveyance claims that properly belonged to trustee.
Procedural posture
This chapter 7 case came before the court for a hearing on two related motions: (1) a motion for relief from the automatic stay filed by movant title insurers and (2) a motion filed by certain investment entities to enforce a settlement agreement with the chapter 7 trustee.
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Court
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Detroit Phone Card Inc. v. Verizon Business Global LLC (In re CNS Communs. Ltd.)
Apr
14
2008
Ruling
Dispute among non-debtor parties regarding fund in which debtors had no interest was not related to debtors' bankruptcy.
Procedural posture
Defendants, Business B and a law firm, sought dismissal of an adversary complaint filed by plaintiff company against defendants, against Business C (which had intervened) and against debtor and its individual representative. Plaintiff's complaint asserted rights to a fund held by the law firm in connection with a putative settlement. At issue was whether the court had jurisdiction per 28 U.S.C.S. § 1334(b).
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Court
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In re Espinosa
Oct
18
2007
Ruling
Debtor ineligible to convert to chapter 13due to unsecured debt in excess of limit.
Procedural posture
A debtor filed for relief under chapter 7. The debtor filed a motion to convert the case to a proceeding under chapter 13. The debtor also objected to a proof of claim filed by a creditor in the amount of $293,794.
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Court
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- 11 U.S.C.
Morris v. Cunningham
Oct
17
2006
Ruling
Fruad claim that was fully litigated in state court was nondischargeable.
Procedural posture
Adversary plaintiff creditor filed a complaint objecting to the dischargeability of a judgment entered in her favor against adversary defendant, asserting the judgment was nondischargeable as a debt obtained by false pretenses, a false representation or actual fraud under 11 U.S.C. § 523(a)(2)(A). Debtor argued that the judgment was unenforceable due to improper venue. Creditor moved for partial summary judgment on collateral estoppel grounds.
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Court
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In re Jac Family Foundation
Sep
26
2006
Ruling
Foundation was not an "individual" and ineligible to be a debtor under chapter 13.
Procedural posture
A family foundation's representative filed a chapter 13 bankruptcy petition on the foundation's behalf. The chapter 13 trustee moved to dismiss the petition on the ground that, pursuant to 11 U.S.C. § 109(e), only an individual could be a chapter 13 debtor. The representative did not respond to the trustee's dismissal motion. He asked the court to continue the case.
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Court
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