Ard, In re
Apr
29
2025
Ruling
No stay violation found as debtors failed to prove willful conduct or resulting damages from home owners’ association’s actions. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 28 U.S.C.
Chanto, In re
Mar
20
2025
Ruling
Extension of the automatic stay in debtor’s third case within two years denied due to failure to rebut the presumption of bad faith. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
Rahien NaySaun Little, In re
Dec
19
2024
Ruling
Only the Chapter 7 trustee has standing to bring a turnover action for nonexempt property of the estate. (Bankr. D.S.C.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Court
:
- 11 U.S.C.
Mazloom, In re--Mazloom v. Navient Sols., LLC
Jan
26
2023
Ruling
Private student loan was incurred to cover qualified education expenses of the debtor and soconstituted a nondischargeable debt. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
Arabella Petroleum Co., LLC, In re--Weiss v. Arabella Exploration Inc.
Dec
22
2022
Ruling
Transfers to corporation for an antecedent debt were not constructively fraudulent, buttransfers to owner for less than equivalent value could be recovered by trustee as actualfraudulent transfers. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
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Court
:
- 11 U.S.C.
Hall, In re--Brennan v. Hall
Sep
23
2022
Ruling
Debt was dischargeable where creditor was aware of debtor's qualifications at the time of hireand debtor's failure to obtain permits did not reflect a knowing misrepresentation even if itmight have been a breach of contract. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Westech Capital Corp., In re--Milligan v. Greenberg Traurig, LLP
Jul
22
2022
Ruling
Withdrawal of reference was not necessary at the stage of the proceeding as the bankruptcycourt could handle all pretrial and discovery matters, which could considerably expedite thelitigation for the district court. (Bankr. W.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
- 11 U.S.C.
Wc Met Ctr., In re
Jul
15
2022
Ruling
Trustee was awarded interim compensation for disbursements made as the case was convertedfrom a Chapter 11 to Chapter 7. (Bankr. W.D. Tex.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
McGuire, In re
Jun
24
2022
Ruling
Inheritance could not be claimed as exempt as the wildcard exemption could have been usedto protect any kind of property up to a certain amount and the inheritance was not one of theexceptions listed in § 522(c). (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Defazio, In re--Presbyterian Home for Cent. NY, Inc. v. Defazio
Jun
23
2022
Ruling
Debt was dischargeable as the debtor did not have knowledge of the improper nature of herpurported fiduciary behavior. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
: