- 11 U.S.C.
Fisher v. Santry (In re Santry)
Aug
21
2012
Ruling
Debtor's sale or refinance of property to satisfy credit card debt incurred in spouse's name was not a domestic support obligation
Procedural posture
The debtor's former wife, sought a determination that a debt owed her by debtor was non-dischargeable. The former wife moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Pullen
Dec
23
2011
Ruling
Order for relief from stay to allow foreclosure sale to proceed vacated due to inadequate notice to debtor.
Procedural posture
A chapter 13 debtor moved to vacate an emergency order granted on the motion of a mortgagee under which the mortgagee was granted relief from stay per 11 U.S.C.S. § 362 to cry out the foreclosure sale on debtor's property. The mortgagee moved for an order to validate the sale and annul the stay. At issue was whether debtor had been given proper notice per 11 U.S.C.S. § 102 of the filing of the motion underlying the emergency order.
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Court
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Ogier v. Mortgage Elec. Registration Sys. (In re Tanoh)
Sep
26
2011
Ruling
Transfer to mortgagee occurred on execution, not later recording and was preferential.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint seeking a determination avoiding debtor's transfer to defendant creditors, mortgagee and loan servicer, as a preference, and for a judgment against the creditors for the value of the transferred interest. The trustee filed a motion for partial summary judgment that the elements of 11 U.S.C.S. § 547(b) were met. Creditors filed a cross-motion for partial summary judgment.
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Court
:
- 11 U.S.C.
United States v. Storey
May
16
2011
Ruling
District court ruling that debtor's tax obligations were nondischargeable reversed absent evidence of lavish living or intentional avoidance.
Procedural posture
Plaintiff United States brought an action to reduce defendant taxpayer's tax liabilities to judgment, and to foreclose on its tax liens placed on the taxpayer's real property. The U.S. District Court for the Northern District of Ohio, at Toledo, entered judgment for the U.S., finding that the taxpayer had willfully attempted to evade paying taxes, preventing discharge of the obligations through her bankruptcy filing. The taxpayer appealed.
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Court
:
Judge or Jurisdiction information not available
Millburn Partners LLC v. Miles (In re Miles)
Mar
17
2011
Ruling
Debtor's affiliate's investments and loans were not excepted from discharge.
Procedural posture
Creditor sought a determination that its losses from a corporation of which defendant, a chapter 7 debtor, was the principal and its affiliates were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (4), (6), and (19). The debtor filed a motion to dismiss under Fed. R. Bankr. P. 7012.
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Court
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In re Miles Props. Inc.
Mar
14
2011
Ruling
Plan proposing sale of substantially all debtor's assets to one purchaser confirmed.
Procedural posture
Debtors filed a First Amended Joint Plan of Reorganization (Joint Plan) and sought confirmation of the Joint Plan pursuant to 11 U.S.C.S. § 1129, which contemplated the sale of substantially all of the debtors' assets to a particular purchaser.
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Court
:
- 11 U.S.C.
In re Thomas
Dec
29
2010
Ruling
Confirmation denied as not proposed in good faith due to insufficient contribution of net monthly income to unsecured creditors.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors that excluded Social Security income ("SSI") he was receiving from his projected disposable income ("PDI") and paid a zero dividend to his unsecured creditors. A trustee who was appointed to administer the debtor's bankruptcy plan filed an objection to the plan.
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Court
:
- 11 U.S.C.
AFB&T v. Sullivan (In re Sullivan)
Nov
26
2010
Ruling
Security interest in debtor's residence conveyed by debtor in capacity as president of his debtor company could be avoided where debtor was acting as debtor in possession.
Procedural posture
Lender filed an adversary proceeding against chapter 11 debtor, seeking a judgment declaring that it had a valid, perfected security interest in the debtor's residence or, in the alternative, the reformation of a deed. The debtor filed a motion to dismiss the lender's complaint, claiming that a deed he executed in his capacity as president of a company he owned did not convey a security interest in his residence to the lender.
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Court
:
In re Compaun
Sep
30
2010
Ruling
Debtor held to 60-month commitment period despite prejudicial effect of required current monthly income calculation on sole proprietors.
Procedural posture
A Chapter 13 trustee objected to the confirmation of a debtor's proposed plan. The trustee asserted that the debtor incorrectly deducted business expenses from current monthly income through Official Form 22C and as a result, her plan did not provide for the correct applicable commitment period of 60 months.
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Court
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Ford v. Ford Motor Credit Corp. (In re Ford)
Aug
03
2009
Ruling
Dent secured by "910 vehicle" including expense of retiring lien on trade-in was a purchase money security interest not subject to bifurcation.
Procedural posture
Appellants, debtors, had an outstanding debt to appellee motor credit company secured by their automobile. The Bankruptcy Court for the District of Kansas sustained the company's objection to the debtors' motion to bifurcate the automobile debt under 11 U.S.C.S. § 506(a) into secured and unsecured claims on the basis that debt bifurcation was impermissible under the "hanging paragraph" of 11 U.S.C.S. § 1325(a). The debtors appealed.
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Court
:
Judge or Jurisdiction information not available