- FRBP
In re Schmelcher
Feb
13
2015
Ruling
Debtor's attorney sanctioned for filing frivolous motion against county regarding use of bankruptcy disclaimer on notices.
Issue(s)
Should debtor's attorney be sanctioned for filing motion for violation of the discharge injunction against creditor county for issuing notice of tax sale without including a disclaimer specifying that the proceeding was in rem only and not against the debtor personally?
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Court
:
Collins v. J&N Rest. Assocs Inc. (In re Mendolia)
Feb
03
2015
Ruling
Avoidance claims filed by trustee more than one year after confirmation were discharged by debtors' plan.
Issue(s)
Whether the trustee's remaining avoidance claims arising under chapter 5 of the Bankruptcy Code ("Chapter 5 Claims") were discharged by confirmation of the Franchise Defendants' ("FDs") plan of reorganization on March 11, 2013, more than one year prior to the Trustee's commencement of the instant adversary proceeding.
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Court
:
- 11 U.S.C.
Schwertner Backhoe Servs. v. Kirk (In re Kirk)
Jan
28
2015
Ruling
Where debtor conceded nondischargeability of debt due to diversion of funds, creditor's related attorneys' fees were also nondischargeable.
Issue(s)
Where debtor conceded the nondischargeability of debt involving a diversion of construction funds under 11 U.S.C.S. § 523(a)(4), whether attorney's fees incurred by the creditor were also nondischargeable.
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Court
:
- 11 U.S.C.
Wolff v. United States IRS (In re FirstPay Inc.)
Dec
12
2014
Ruling
Trustee could not recover funds transferred by debtor payroll processing firm to the IRS.
Issue(s)
Whether district court properly affirmed a judgment holding that a chapter 7 trustee could not recover under 11 U.S.C.S. §§ 547(b)(4)(A) and 550 funds transferred by debtor, a payroll processing firm, to the IRS.
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Court
:
Judge or Jurisdiction information not available
In re Parsons
Dec
12
2014
Ruling
Trustee could not sell debtor's homestead to recover administrative expenses.
Issue(s)
May the trustee collect administrative expenses by forcing the sale of a debtor's homestead, encumbered by IRS liens but claimed as exempt, even if there is no equity in the property?
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Court
:
- 11 U.S.C.
In re Arendarczyk
Nov
21
2014
Ruling
Confirmation denied on creditor's objection due to undervaluation of property securing creditor's loan.
Issue(s)
Should confirmation be denied on creditor's objection based on alleged improper valuation of property?
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Court
:
In re Bell
Nov
13
2014
Ruling
Annual escrow disclosure and statement of balance owed on mortgage did not violate stay.
Issue(s)
Were a bank's mailings of an annual escrow statement and mortgage statement violations of the automatic stay?
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Court
:
- 11 U.S.C.
In re Howe Farms LLC
Oct
16
2014
Ruling
Confirmation of plan proposing cram down of interest rate and payment of loan as long-term debt with twelve-year amortization and seven-year balloon payment denied.
Issue(s)
Could chapter 12 debtors' plan be confirmed over creditor bank's objection?
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Court
:
- 11 U.S.C.
In re Smith
Jul
23
2014
Ruling
Debtor's plan could not strip off second lien that retained in rem viability under state law.
Issue(s)
Whether a provision in debtor's chapter 13 plan can be confirmed when it proposes to extinguish a wholly unsecured junior lien on her residence?
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Court
:
In re Barksdale
Jul
10
2014
Ruling
Debtors could avoid judgment liens that impaired their homestead exemption but could not avoid liens on adjacent non-homestead property.
Issue(s)
Were debtors entitled to a homestead exemption in their residence and an adjacent parcel?
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Court
: