- 11 U.S.C.
Yearby v. Shekastehband (In re Yearby)
Nov
22
2013
Ruling
Landlord's testimony in grand jury investigation that led to debtor's incarceration did not violate stay.
Issue(s)
Did creditor landlord's post-petition testimony before grand jury resulting in indictment against debtor and debtor's arrest for deposit account fraud violate the automatic stay?
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Court
:
- 11 U.S.C.
Wallace v. McFarland (In re McFarland)
Sep
30
2013
Ruling
Transfer avoided as actively and constructively fraudulent.
Issue(s)
Was debtor's transfer of a half interest in three parcels of real property to non-debtor spouse avoidable as fraudulent .
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Court
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In re Zow
Aug
27
2013
Ruling
Motion for relief from stay to proceed against abandoned property denied as moot.
Issue(s)
Is relief from stay necessary to proceed against property abandoned by chapter 7 trustee?
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Court
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In re Carlyle
Jul
17
2013
Ruling
Payments on non-debtor husband's truck were not made for household expenses and could be deducted from income calculations.
Procedural posture
The chapter 13 trustee objected to the debtor's plan on the ground that the marital adjustments the debtor took on Lines 13 and 19 of her "Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income" means-test form were inappropriate.
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Court
:
- 11 U.S.C.
Tipsy McStumbles LLC v. Griffin (In re Griffin)
May
10
2013
Ruling
Contempt sanction was not payable to governmental unit and was dischargeable.
Procedural posture
Creditors filed an adversary complaint for a judgment that a monetary sanction owed by defendant debtor under a contempt judgment entered by a federal district court (FDC) based on debtor's conduct in violating a preliminary injunction (PI) was nondischargeable in debtor's chapter 7 per 11 U.S.C.S. § 523(a)(7).
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Court
:
In re Oliver
Mar
25
2013
Ruling
Case dismissed due to failure to meet credit counseling requirement or show attempt to comply, disability or incapacity.
Procedural posture
Before the court was a pro se motion to waive the credit counseling requirement filed by debtor. The motion asserted that because of debtor's "incapacity" and "disability" the court should waive the requirement that he obtain credit counseling.
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Court
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In re Davis
Mar
22
2013
Ruling
Section 707(b) applies to cases converted to chapter 7.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss pursuant to 11 U.S.C.S. § 707(b) seeking dismissal of a case converted from chapter 13 to chapter 7 based upon the presumption of abuse under 11 U.S.C.S. §707(b)(2) or in the alternative, seeking dismissal for bad faith under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Castleberry
Mar
15
2013
Ruling
Postconfirmation, nonexempt insurance proceeds for property damage were not property of the estate and could be turned over to debtor.
Procedural posture
Before the court was a motion for turnover filed by debtor seeking an order requiring the chapter 13 trustee to turnover non-exempt insurance proceeds acquired post-confirmation due to an automobile accident.
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Court
:
- 11 U.S.C.
In re DAntignac
Feb
19
2013
Ruling
Debtor could not reopen chapter 13 case to administer previously undisclosed employment discrimination claim.
Procedural posture
Chapter 13 debtor filed a motion to reopen her bankruptcy case pursuant to 11 U.S.C.S. § 350. The debtor's former employer objected.
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Court
:
- 28 U.S.C.
In re Zow
Feb
01
2013
Ruling
Permission for chapter 7 debtor to proceed in forma pauperis denied given evidence of ability to pay.
Procedural posture
A chapter 7 debtor filed an emergency motion for permission to proceed in forma pauperis under 28 U.S.C.S. § 1915 on his appeal of an order denying his motion seeking a bankruptcy judge's disqualification.
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Court
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