- 11 U.S.C.
In re Diaz
Aug
03
2012
Ruling
Incarcerated debtor not entitled to waiver of financial management course requirement.
Procedural posture
Before the court was debtor's motion to waive the personal financial management course requirement. Debtor was incarcerated and averred he lacked the necessary telephone or internet to complete the counseling requirement.
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Court
:
- 11 U.S.C.
In re Gillis
Jul
17
2012
Ruling
Debtor allowed to abandon property but bank could assert deficiency claim.
Procedural posture
A chapter 11 debtor filed a motion to abandon property to a bank in full satisfaction of the bank's claim pursuant to 11 U.S.C.S. § 554. The bank objected to the motion, arguing the abandonment in full satisfaction was contrary to the plan's language and the court's previous orders allowing the bank to foreclose on the property.
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Court
:
- 11 U.S.C.
In re Randis Inc.
Jun
27
2012
Ruling
Confirmation of small business plan denied as not filed within 300 days and case dismissed.
Procedural posture
Pursuant to 11 U.S.C.S. § 1121, the "shareholder" sought to file and confirm a small business chapter 11 plan for the small business debtor more than 300 days after the date of the order for relief.
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Court
:
- 11 U.S.C.
In re Paul
Jun
08
2012
Ruling
Prepetition eviction judgment on non-monetary basis was not subject to stay.
Procedural posture
After a landlord obtained a prepetition judgment and writ of possession, it sought relief from the automatic stay to take possession of an apartment rented by a chapter 13 debtor.
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Court
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Daniel v. Wheeler County State Bank (In re Daniel)
May
04
2012
Ruling
Employer who fired debtor after being informed by debtor of bankruptcy but prior to actual filing of petition, was not liable for discrimination on account of bankruptcy.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant, her former employer, alleging that the employer discriminated against her in violation of 11 U.S.C.S. § 525(b) by terminating her employment because of her bankruptcy filing. The employer moved for summary judgment.
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Court
:
In re Key
Feb
02
2012
Ruling
Debtor could not incur debt to improve non-estate property.
Procedural posture
Chapter 13 debtors filed a motion to incur debt in order to improve property inherited more than180 days after they filed their bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Williams
Jan
23
2012
Ruling
Debtor ordered to increase plan payments after 401(k) loan was repaid or to convert or face dismissal.
Procedural posture
The chapter 13 trustee filed an objection to the confirmation of below median debtor's proposed chapter 13 plan, arguing that, at the time the debtor's repayment of a loan to his 26 U.S.C.S. § 401(k) was repaid, he should be required to increase his payments for the benefit of creditors, given his increased disposable income pursuant to 11 U.S.C.S. § 1325(b)(3).
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Court
:
- 11 U.S.C.
Arsenault v. JPMorgan Chase Bank (In re Arsenault)
Sep
19
2011
Ruling
Bank's refusal to acquire title to property after surrender by debtors did not violate stay.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against defendant bank, seeking a determination that the bank violated 11 U.S.C.S. § 362 and a court order which confirmed the debtor's Chapter 13 bankruptcy plan because it refused to have title to real property transferred from the debtors' names to the bank's name. The bank filed a motion to dismiss for failure to state a claim.
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Court
:
- 11 U.S.C.
Bryant v. HSBC Mortg. Servs. (In re Bryant)
Jul
11
2011
Ruling
Relief from stay to foreclose granted where creditor established ownership of mortgage and debtor was in arrears and lacked equity in the property.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant mortgage creditor alleging that the creditor did not hold a valid mortgage against the debtor's real property and overstated the amount owed on the debtor's mortgage debt. The creditor moved for relief from the automatic bankruptcy stay to allow foreclosure against the property.
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Court
:
Walton v. HLJ Enters. (In re HLJ Enters.)
Jun
28
2011
Ruling
Accounting firm's application for compensation denied as it was ineligible to provide services to debtor in possession.
Procedural posture
Objectors, the U.S. Trustee (UST) and a creditor, challenged the right of an accounting firm to compensation based on its second application for compensation and also sought an order requiring the firm to disgorge fees previously paid to it. At issue was whether the firm was ineligible to serve as an accountant for debtor in possession (DIP) by reason of 11 U.S.C.S. § 327(a).
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Court
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