- 11 U.S.C.
Rabbi Harry H. Epstein School Inc. v. Goldstein (In re Goldstein)
Nov
26
2012
Ruling
Tuition of minor children, which school allowed debtor to pay over time, was a nondischargeable student loan debt.
Procedural posture
Private day school brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the school for tuition for the debtor's minor children was nondischargeable under 11 U.S.C.S. § 523(a)(8) as an educational loan. The school moved for judgment on the pleadings.
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Court
:
- 28 U.S.C.
Skillings v. Bank of America (In re Skillings)
Nov
06
2012
Ruling
Bankruptcy court lacked jurisdiction to hear debtor's challenge to prepetition foreclosure.
Procedural posture
A bank filed a motion to dismiss chapter 7 debtor's adversary proceeding, which alleged that his property was taken from him by the bank by means of an illegal foreclosure, and sought recovery of the property due to a "fraudulent transfer."
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Court
:
- 11 U.S.C.
In re Diplomat Constr. Inc.
Sep
18
2012
Ruling
Sale and assignment of debtor's unexpired ground lease satisfied business judgment standard.
Procedural posture
Chapter 7 trustee filed a motion seeking court approval of the sale and assignment of the debtor's and the estate's interest in an unexpired ground lease with a city to a limited liability partnership (LLP) under 11 U.S.C.S. § 363(b) and (f).
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Court
:
- 11 U.S.C.
Stiles v. United States (In re Stiles)
Jun
15
2012
Ruling
IRS setoff of refund was excepted from stay.
Procedural posture
Defendant, the United States by and through its Department of the Treasury and Internal Revenue Service (IRS), filed a motion to dismiss plaintiff chapter 13 debtors' complaint, which sought (1) turnover of a tax refund pursuant to 11 U.S.C.S. § 542 and (2) contempt against the IRS for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(a).
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Court
:
Bank of Am. v. White (In re White)
Feb
13
2012
Ruling
Confirmation vacated due to possible erroneous classification of claim and lack of prejudice to debtor.
Procedural posture
Movant creditor sought reconsideration of the December 1, 2011 confirmation order, and the December 22, 2011 order granting respondent debtor's motion to determine the secured status of the creditor's claim. The chapter 13 Trustee was also a respondent. The motions sought relief under Fed. R. Bankr. P. 9013, 9024, which incorporated Fed. R. Bankr. P. 60, a local rule.
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Court
:
- 11 U.S.C.
River City Bank v. Mathis (In re Mathis)
Jan
26
2012
Ruling
Debtor's default for excusable neglect set aside, despite delay, given only minor prejudice to creditor.
Procedural posture
Debtors timely moved to set aside a default judgment entered in favor of creditor for excusable neglect under Fed. R. Civ. P. 55(c) and 60(b), Fed. R. Bankr. P. 7055, 9024. The default judgment denies debtors a discharge in their converted chapter 7 case under 11 U.S.C.S. § 727.
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Court
:
- 11 U.S.C.
Perlis v. Perlis (In re Perlis)
Jan
10
2012
Ruling
Debtor's prepetition failure to maintain life insurance as required by divorce decree was not grounds for dismissal.
Procedural posture
Movant ex-wife filed a motion to dismiss or convert her ex-husband's ("debtor's") chapter 11 bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(4)(P), claiming that the debtor violated a domestic support obligation when he failed to pay premiums on a life insurance policy and allowed the policy to lapse. The debtor opposed the motion.
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Court
:
Roswell Holdings LLC v. Houser (In re Houser)
Dec
15
2011
Ruling
Stay modified to allow lender to take limited preforeclosure actions involving properties titled in names of entities owned by debtor.
Procedural posture
Movant secured lender sought a determination that the automatic stay of 11 U.S.C.S. § 362(a) was inapplicable to actions it may take to enforce its rights in properties which were titled in the names of companies of which the debtor was the owner. In the alternative, the lender sought relief from the automatic stay to exercise its state law rights.
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Court
:
- 11 U.S.C.
In re Taylor
Dec
06
2011
Ruling
Debtor could not ask court to treat second mortgage holder as unsecured where terms of confirmed plan treated debt as secured.
Procedural posture
This chapter 13 case was before the court on debtor's pro se Motion Requesting Immediate Response (3rd request). In the present motion, debtor sought an order from the court (1) treating the second mortgage holder on his residence as unsecured, (2) waiving the chapter 13 Trustee fees, (3) treating a car creditor as unsecured instead of secured, and (4) setting a hearing on the motion.
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Court
:
- 11 U.S.C.
Georgia Lottery Corp. v. Kunkle (In re Kunkle)
Oct
28
2011
Ruling
Debt resulting from debtor's failure to turn over lottery sale proceeds was nondischargeable on grounds of fiduciary defalcation.
Procedural posture
Creditor brought an adversary proceeding against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4). Before the court was the creditor's Fed. R. Civ. P. 56 motion for summary judgment.
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Court
: