- 11 U.S.C.
Walston v. Pyod LLC (In re Walston)
Mar
17
2014
Ruling
Proof of claim for assigned debt allowed over debtor's objection.
Issue(s)
Whether creditor's claims should be disallowed under 11 U.S.C.S. § 502(b)(1) based on debtor's allegations that proofs of claim failed to provide evidence of a written assignment of the underlying debt from a bank to creditor and that statements in an affidavit by creditor's officer were inadmissible as hearsay.
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Court
:
- 11 U.S.C.
In re Deal
Mar
11
2014
Ruling
Case dismissed due to debtor's failure to disclose insurance proceeds as income.
Issue(s)
Whether the court should grant a chapter 13 trustee's motion to modify debtor's plan pursuant to 11 U.S.C.S. § 1329 to provide for increased disposable income or, in the alternative, dismiss the case.
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Court
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McCarter v. Green Tree Servicing LLC (In re McCarter)
Mar
06
2014
Ruling
Debtor could not modify plan and reclassify claims almost five years after confirmation.
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Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Mar
04
2014
Ruling
State court award to chapter 13 debtor's former spouse in lieu of property was dischargeable as a property settlement.
Issue(s)
Was state court monetary award to debtor's former spouse a nondischargeable domestic support obligation or a dischargeable property judgment?
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Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Oct
03
2013
Ruling
Debtor's obligation under divorce decree to pay health insurance, attorneys' fees, alimony and for son's vehicle were nondischargeable.
Issue(s)
Whether certain obligations created in a final judgment and decree of divorce were excepted from discharge under 11 U.S.C.S. §§ 523(a)(5) and 1328.
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Court
:
- FRBP
Weisheipl v. Sandstrom (In re Weisheipl)
Sep
06
2013
Ruling
Late filed proof of claim disallowed where "erroneous delivery" exception did not apply.
Issue(s)
Could late filed proof of claim be allowed pursuant to "erroneous delivery" exception.
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Court
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Thomason v. Chestatee Cmty. Assn (In re Thomason)
Mar
05
2013
Ruling
Compensatory damages and attorneys' fees awarded for creditor's violation of stay by sending letters of suspension of privileges for unpaid association fees.
Procedural posture
A chapter 7 debtor filed a motion for damages and sanctions under 11 U.S.C.S. § 362(k) for violation of the automatic stay by a creditor. The debtor alleged that the creditor violated the stay by, inter alia, sending a written notice of suspension of amenity privileges in the form of a letter to the debtor for unpaid homeowner's association fees.
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Court
:
- 11 U.S.C.
Nasuti v. Avery (In re Avery)
Mar
05
2013
Ruling
Transfer of property from debtor to son was avoided fraudulent and made to an insider.
Procedural posture
Chapter 7 trustee filed a complaint against defendants, a debtor and her son, alleging that the debtor's transfer of real property to her son was fraudulent and subject to avoidance under 11 U.S.C.S. § 548(a)(1)(A) and /or (a)(1)(B). As the son sold the property to innocent third parties, the trustee sought recovery of its value under 11 U.S.C.S. § 550(a). The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
Dunn v. Whyte (In re Whyte)
Jan
23
2013
Ruling
Judgment debt was nondischargeable but not grounds for denial of discharge where debtor's denial of embezzlement and fraud claims was not contested.
Procedural posture
Judgment creditor filed an adversary proceeding chapter 7 debtor, seeking a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and a determination that a judgment she obtained against the debtor in a Georgia court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(4). The debtor filed a motion for summary judgment; however, the creditor failed to file a response.
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Court
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Foley v. Smereczynsky (In re Smereczynsky)
Dec
21
2012
Ruling
Debt based on arbitrator's finding of false representations was nondischargeable.
Procedural posture
Creditors filed a motion for summary judgment in their action against debtor, in which they sought a determination that certain prepetition debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
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Court
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