- 11 U.S.C.
McAfee v. Harman (In re Harman)
Sep
10
2014
Ruling
Discharge denied due to transfer of funds to spouse in order to avoid garnishment.
Issue(s)
Should debtor's discharge be denied due to an unreported transfer allegedly intended to hinder, delay or defraud creditors?
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Court
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- 11 U.S.C.
In re Pediatrics at Whitlock PC
Mar
04
2014
Ruling
Appointment of patient care ombudsman not necessary absent deficiencies in care.
Issue(s)
Should a patient care ombudsman be appointed in case of pediatric care business in case not precipitated by deficiencies in patient care?
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Court
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- 11 U.S.C.
Bank of England v. Rice (In re Webb)
Feb
06
2014
Ruling
Bankruptcy court did not err in finding that rice was not owned by a separate legal entity and was property of debtor's estate.
Issue(s)
Was rice grain owned by debtors in connection with a joint venture property of the estate which could be sold by the trustee.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
FIA Card Servs. V. Brumfield (In re Brumfield)
Oct
18
2013
Ruling
Mere use of credit card without ability to repay did not establish nondischargeability of debt.
Issue(s)
Did use of credit card without ability to repay establish nondischargeable debt.
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:
In re James
Feb
15
2013
Ruling
Chapter 13 case reopened to allow debtor to amend schedules to include counterclaim in state court suit brought by creditor.
Procedural posture
Chapter 13 debtor filed a motion to reopen her chapter 13 case pursuant to 11 U.S.C.S. § 350(b).
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Law Offices of Adam J. Klein v. Stillwell (In re Stillwell)
Feb
13
2013
Ruling
Nondischargeability proceeding not filed before court closed on bar date dismissed as untimely.
Procedural posture
Law firm filed an adversary complaint objecting to debtor's discharge and seeking a determination that its claim against the debtor was not dischargeable under 11 U.S.C.S. § 523(a). Debtor moved to dismiss the complaint as not timely filed.
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Court
:
- 11 U.S.C.
Vaughan v. Vaughan (In re Vaughan)
Jan
29
2013
Ruling
Letter to state judge regarding applicability of stay to prepetition contempt motion filed by clerk postpetition did not violate stay.
Procedural posture
Chapter 7 debtor filed a motion for contempt and sanctions against respondents, the debtor's former spouse and the spouse's counsel, claiming that respondents violated the automatic stay under 11 U.S.C.S. § 362.
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Court
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Tyree v. Guzman (In re Tyree)
Oct
27
2012
Ruling
Debtor entitled to attorneys' fees for creditor's delay in turnover in violation of stay.
Procedural posture
A chapter 7 debtor did not assert any actual damages for the delay in a turnover by respondents except attorneys feels arising from the filing of a contempt motion. In view of the equities on both sides, the court found it appropriate to find respondents in contempt but to award no damages. The debtor sought attorneys fees under 11 U.S.C.S. § 362(k).
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Court
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Anderson v. Cranmer (In re Cranmer)
Oct
24
2012
Ruling
Receipt of Social Security income was not a change in income and was properly excluded from projected disposable income.
Procedural posture
Debtor filed a chapter 13 bankruptcy repayment plan which excluded Social Security income (SSI) from the projected disposable income calculation. Appellant bankruptcy trustee objected, and the bankruptcy court denied confirmation of the plan. Debtor appealed, and the U.S. District Court for the District of Utah reversed. The trustee appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Kerr v. Meadors (In re Knott)
Oct
22
2012
Ruling
Judgment based on overpayment of domestic support obligation was itself a domestic support obligation.
Procedural posture
After respondent ex-spouse filed a proof of claim arising from a state court judgment based on his overpayment of a domestic support obligation (DSO) to a Chapter 7 debtor, movant Trustee objected to the claim, contending that the overpayment was not a DSO and thus was not entitled to priority under 11 U.S.C.S. § 507(a)(1)(A).
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Court
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