- 11 U.S.C.
In re Randolph
Jan
28
2016
Ruling
Property transferred to debtor's spouse by deed as part of pre-divorce settlement was not property of debtor's estate.
Issue(s)
Was property transferred by deed to debtor's former spouse at time of a pre-divorce settlement agreement property of the estate in which debtor could claim an exemption?
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Court
:
- FRBP
In re Markowitz
Apr
28
2015
Ruling
Creditor not entitled to second extension of time to file objection to discharge or nondischargeability complaint where motion was not timely filed.
Issue(s)
Should creditor's late-filed second motion to extend time to object to debtor's discharge be granted?
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Court
:
- 11 U.S.C.
Jackson-Carmona v. Ga. Dept of Human Servs. (In re Jackson-Carmona)
Jan
16
2015
Ruling
Administrative decision finding that debtor violated food stamp laws was not determinative of nondischargeability.
Issue(s)
Should debtor's Truth in Lending Act proceeding be dismissed due to insufficient service of process, res judicata, lack of standing, and failure to state a claim upon which relief can be granted? Whether the Georgia Department of Human Services (DHS) was entitled to summary judgment on its 11 U.S.C.S. § 523(a)(2)(B) complaint based on the alleged collateral estoppel effect of an administrative decision finding that debtor violated 7 C.F.R. § 273.16(c), a regulation under the Food Stamp Program.
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Court
:
- 11 U.S.C.
In re Brandywine Townhouses Inc.
Nov
07
2014
Ruling
Confirmation denied where debtor lacked cash reserves to complete low-cost cooperative housing renovation project.
Issue(s)
Could plan of debtor not-for-profit company that owned low-cost, cooperative housing development be confirmed?
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Court
:
- 11 U.S.C.
Comcast Cable Communs. Mgmt. LLC v. Chintella (In re Chintella)
Jun
20
2014
Ruling
Sanctions motion serving interests of one party violated stay.
Issue(s)
Did creditor's motion for sanctions against the debtor in an unrelated district court case violate the automatic stay?
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Court
:
- 11 U.S.C.
Fanning v. River Walk Farms Homeowners Assn (In re Fanning)
May
20
2014
Ruling
Plan could not be modified to obtain surrender of property and to treat deficiency as unsecured.
Issue(s)
Whether a post-confirmation modification to surrender property and treat any deficiency claim as an unsecured claim was allowable under 11 U.S.C.S. § 1329.
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Court
:
Brandywine Townhouses Inc. v. United States Trustee (In re Brandywine Townhouses Inc.)
May
01
2014
Ruling
Debtor's application to retain counsel approved but portion of retainer ordered disgorged for counsel's carelessness in investigating the source of retainer.
Issue(s)
Should debtor's application to retain counsel be denied for failure of the firm to disclose payment of the retainer by a creditor of debtor, which it subsequently sought to repay, creating an interest adverse to debtor?
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Court
:
- 11 U.S.C.
Wade v. Cunningham (In re Wade)
Apr
30
2014
Ruling
Former spouse's claim that was not for a domestic support obligation was not entitled to priority treatment.
Issue(s)
Was debtor's former spouse entitled to a priority claim for obligations owed under a final divorce decree or were the obligations in the nature of a property settlement and not entitled to priority treatment?
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Court
:
Silliman v. Muria (In re United Funding Mortg. Corp.)
Aug
09
2012
Ruling
Claim filed by owners of 100 percent of debtor's preferred capital stock for fraud or rescission subordinated to claims of other creditors.
Procedural posture
Movant trustee asked the court to grant summary judgment on its adversary complaint to subordinate certain claims filed by defendants, the owners of 100% of the preferred capital stock of debtor, to the claims of other creditors as per 11 U.S.C.S. § 510(b). Defendants did not file in opposition to the motion.
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Court
: