- FRBP
Ragsdale v. Morgan (In re Morgan)
May
29
2009
Ruling
Debtor's default in adversary proceeding could not be set aside absent showing of excusable neglect.
Procedural posture
Chapter 7 trustee brought an dischargeability proceeding against debtor. Pending was debtor's motion to set aside entry of default judgment.
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Court
:
Miller v. Adell (In re John Richards Homes Bldg. Co. LLC)
Mar
30
2009
Ruling
Bankruptcy court erred in denying award of debtor's attorneys' fees following dismissal of involuntary cases.
Procedural posture
Appellant law firm sought attorney fees and costs incurred after appellee's involuntary bankruptcy petition against appellant debtor was dismissed. The law firm and debtor appealed the Bankruptcy Court for the Eastern District of Michigan's order that denied the application for lack of authority. A magistrate recommended that the order be reversed and that appellee's motion for partial dismissal be denied. Appellee timely objected.
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Court
:
- 11 U.S.C.
Cavalli v. Cavalli (In re Cavalli)
Mar
19
2009
Ruling
Debtor's obligation to former spouse to refinance marital residence and pay other debts was nondischargeable.
Procedural posture
Debtor's former spouse, filed an adversary proceeding seeking a determination that the debts owed by debtor were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(5) or (a)(15). The former spouse moved for summary judgment.
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Court
:
- 11 U.S.C.
Dynaspan v. Evilsizer (In re Evilsizer)
Mar
18
2009
Ruling
State court's factual findings of fraudulent misrepresentation were sufficient to support nondischargeability.
Procedural posture
Creditor filed an adversary proceeding against debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (4) or (6). The creditor moved for partial summary judgment contending that the factual findings of a state court precluded relitigation of those facts in the instant case.
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Court
:
- 11 U.S.C.
In re Dean
Nov
30
2008
Ruling
Chapter 13 plan confirmation denied subject to debtors filing amended Form 22C within 20 days.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and an unsecured creditor filed objections to confirmation of the debtors' plan.
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Court
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JCB Inc. v. Union Planters Bank
Aug
26
2008
Ruling
Bank's seizure and sale of estate property in which manufacturer has a senior purchase money security interest was done with willful and reckless disregard for confirmation order.
Procedural posture
Appellee manufacturer sued appellant bank in the District Court for the Eastern District of Missouri for trespass and conversion. The district court referred certain issues to a bankruptcy court, which granted partial summary judgment for the manufacturer. A jury then reached a verdict in favor of the manufacturer for compensatory and punitive damages. The bank appealed.
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Court
:
Judge or Jurisdiction information not available
In re Gresham
Aug
12
2008
Ruling
State court sanctions for breach of divorce settlement obtained by debtor's spouse violated stay.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor filed a motion for an order of stay as to state court action taken by her former spouse and approval of the debtor's amendment to add a second individual as an unsecured creditor.
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Court
:
- 11 U.S.C.
In re Allen
Feb
14
2008
Ruling
Trustee's motion to abandon debtor's legal malpractice cause of action denied due to potential value to estate.
Procedural posture
The chapter 7 case was before the court on the trustee's motion to approve the conditional abandonment of a tort claim to debtor.
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Court
:
In re Patterson
Jan
15
2008
Ruling
Debtor's attorney's prepetition retainer was subject to disgorgement.
Procedural posture
After an attorney for a chapter 11 debtor withdrew and the case was converted to a chapter 7 case, the attorney filed an application for compensation, seeking permission to apply a prepetition retainer paid to her in partial satisfaction of her fees, with the balance due to be paid by the debtor if not paid pursuant to 11 U.S.C.S. § 726(b) at the close of the case. Both the chapter 7 trustee and the U.S. Trustee objected.
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Court
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In re Dye
Dec
12
2007
Ruling
Failure to comply with credit counseling requirement not grounds for dismissal where debtor was excused by exigent circumstances of imminent home foreclosure.
Procedural posture
Creditors filed motions to dismiss on the grounds that, under 11 U.S.C.S. § 109(h), the debtor was ineligible to be a debtor because he failed to obtain the required prepetition credit briefing certificate. The creditors also asserted that the debtor failed to fully comply with 11 U.S.C.S. § 521. One of the creditors offered to pay the chapter 7 Trustee $ 85,000 to dismiss the case.
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Court
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