- 11 U.S.C.
In re Lemming
Jun
17
2015
Ruling
Confirmation denied due to lack of good faith and improper treatment of secured claim.
Issue(s)
Whether a chapter 13 plan may be confirmed over the objection of a secured creditor where the plan only provides that some of the collateral securing the creditor's claim be surrendered in full satisfaction of the claim and where the plan provides for a non-consensual vesting of the property?
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Court
:
- 11 U.S.C.
In re Akinpelu
May
01
2015
Ruling
Plan confirmation in individual chapter 11 debtor's case denied due to violation of the absolute priority rule in creating classes of claims.
Issue(s)
Whether separate classification of unsecured claimants is permissible in a chapter 11 plan of reorganization in order to create an impaired, consenting class and whether the absolute priority rule is applicable post-BAPCPA in chapter 11 cases where the debtor is an individual?
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Court
:
- 11 U.S.C.
Sneed v. Resurgent Capital Servs. LLC (In re Sneed)
Apr
30
2015
Ruling
Court declined to alter the effect of dismissal on related pending adversary proceedings.
Issue(s)
Should the bankruptcy court maintain jurisdiction over debtor's adversary proceeding after dismissal of the underlying bankruptcy case?
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Court
:
- 11 U.S.C.
Richardson v. U.S. Bank N.A. (In re Leatherwood)
Mar
30
2015
Ruling
Bank sanctioned for filing suit against debtors in violation of stay.
Issue(s)
Should bank be sanctioned for filing state court action against debtors in violation of the automatic stay?
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Court
:
- 11 U.S.C.
Kennedy v. Miss. Dept of Revenue (In re Kennedy)
Mar
30
2015
Ruling
Debtor was not entitled to bankruptcy court review of validity of tax assessment that were finally adjudicated in state tax appeal at which debtor failed to appear.
Issue(s)
Could bankruptcy court review the validity of state tax assessment that had already been reviewed by taxing authority's board of review?
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Court
:
Bernstein v. Wells Fargo Bank N.A. (In re Bernstein)
Jan
02
2015
Ruling
Dismissal of debtor's Truth in Lending Act proceeding was not prejudicial as the cause of action would be abandoned to the debtor at the close of the case.
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Court
:
- 11 U.S.C.
Cole v. Fifth Third Bank Inc. (In re Cole)
Nov
13
2014
Ruling
Debtor could reopen chapter 7 case to strip off wholly unsecured junior lien.
Issue(s)
Can a fully administered, discharged, and closed chapter 7 case be reopened by the debtor for the sole purpose of stripping off a wholly-unsecured junior lien on real property?
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Court
:
In re Matthews
Aug
28
2014
Ruling
Trustee's application for employment of patent broker approved but without approval of commission fees, which was deferred.
Issue(s)
Should trustee's application for employment of patent broker and approval of commission fees be allowed?
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Court
:
- 11 U.S.C.
Wells Fargo Bank v. Farmery (In re Farmery)
Jun
30
2014
Ruling
Motion to dismiss nondischargeability proceeding denied due to sufficient allegations of misrepresentations.
Issue(s)
Did complaint in nondischargeability proceeding allege sufficient facts to survive a motion to dismiss?
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Court
:
- 28 U.S.C.
Anderson v. Patel (In re Diplomat Constr. Inc.)
May
20
2014
Ruling
Bankruptcy court abstained from hearing trustee's claims against non-debtor transferees under state law.
Issue(s)
Should the bankruptcy court abstain from hearing a fraudulent transfer proceeding based solely on state law?
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Court
: