- 28 U.S.C.
Shelnut, In re
Mar
21
2017
Ruling
Court concluded that abstention was appropriate where debtor used the bankruptcy as a weapon in a domestic battle with his former spouse. (Bankr. S.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
In re Brooks
Mar
31
2016
Ruling
Debtor not entitled to administrative expense claim for maintenance of hunting lodge debtor was allowed to occupy for free.
Issue(s)
Was debtor entitled to an administrative expense claim for the maintenance and upkeep of property where debtor resided and was kept as a hunting preserve for deer and wild hogs?
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Court
:
Boudreaux v. Hall Oil Co. (In re Pope Logging Inc.)
Sep
17
2015
Ruling
Equitable tolling did not apply to statute of limitations that expired prior to conversion to chapter 7 where U.S. Trustee and creditors failed to act timely to pursue claims.
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations or did equitable tolling apply?
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Court
:
- 11 U.S.C.
In re Cummings
Mar
27
2015
Ruling
Proof of claim allowed where no objection had been filed prior to trustee's disbursements and portion of disbursements should properly have been allocated to debtor's filing fees.
Issue(s)
Proper order of certain disbursements when a debtor's chapter 13 plan is underfunded.
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Court
:
- 11 U.S.C.
In re Barnes
Mar
17
2015
Ruling
Confirmation denied due to above-median debtor's failure to include anticipated tax refund in disposable income calculation.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied for failing to pay interest on Debtor's allowed general unsecured claims and not committing all of debtor's disposable income into the plan?
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Court
:
Ford v. Quantum3 Group LLC (In re Ford)
Feb
23
2015
Ruling
Reference of debtor's proceeding requiring extensive consideration of the FDCPA withdrawn.
Issue(s)
Should reference of debtor's proceeding under the Fair Debt Collection Practices Act be withdrawn?
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Court
:
- 11 U.S.C.
Meeks v. Nalley (In re Nalley)
Mar
26
2014
Ruling
Division of property in debtor's consent divorce decree was void as entered in violation of stay.
Issue(s)
Did state divorce court property division of debtors' property violate the automatic stay?
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Court
:
- 11 U.S.C.
Carney v. CitiMortgage Inc. (In re Carney)
Mar
24
2014
Ruling
Debtor's claims against law firm for failing to prevent foreclosure were property of the estate and should not be dismissed.
Issue(s)
Should debtors' adversary proceeding against their attorneys for failing to prevent a foreclosure be dismissed?
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Court
:
- 11 U.S.C.
In re Glover
Feb
19
2014
Ruling
Relief from stay granted to allow dispossessory action to proceed.
Issue(s)
Should creditor sublessor be granted relief from stay to proceed with eviction action against sublessee restaurant business of which debtor was the principal?
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Court
:
- 11 U.S.C.
Boudreaux v. Berdon Oil (In re Saraland LLLP)
Jan
21
2014
Ruling
Summary judgment in avoidance proceeding denied where evidence did not preclude possibility that payments were authorized use of property of the estate.
Issue(s)
Were post-petition transfers from debtor to an oil company avoidable as unauthorized transfers made outside the ordinary course of debtor's business for the benefit of the oil company's principal?
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Court
: