Movant v. Thornton (In re Thornton)
Jul
12
2012
Ruling
Ineligibility of debtor for discharge did not mandate dismissal.
Procedural posture
The U.S. Trustee filed a motion to dismiss a joint debtor pursuant to 11 U.S.C.S. § 707(a) on the grounds that he was not eligible to receive a discharge under 11 U.S.C.S. § 727(a)(8).
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Court
:
- 11 U.S.C.
Best v. GMAC Mortg. LLC (In re Best)
Jul
05
2012
Ruling
Lien was not stripped off at confirmation, plan completion or discharge where debtor did not establish the lien was wholly unsecured.
Procedural posture
This matter was before the court on a Fed. R. Civ. P. 56 motion for summary judgment filed by defendant creditor brought after the conclusion of discovery in this adversary proceeding to determine the validity, priority, or extent of a lien, whereby plaintiff debtor sought to void, or "strip off," the creditor's lien against certain real property.
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Court
:
- 11 U.S.C.
United States v. Hospital Auth. Of Charlton County (In re Hospital Authority of Charlton County)
Jul
03
2012
Ruling
Chapter 9 case dismissed where debtor's filing had not been authorized by state.
Procedural posture
United States Trustee filed a motion to dismiss the chapter 9 case of debtor, the Hospital Authority of Charlton County, Georgia. The debtor moved to convert from chapter 9 to chapter 11.
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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
:
- 11 U.S.C.
Drake v. Sea Island Bank (In re Collins)
May
16
2012
Ruling
Preference proceeding in converted case dismissed pursuant to res judicata based on dismissal of debtor's avoidance proceeding while case was in chapter 11.
Procedural posture
Bank filed a motion to dismiss chapter 7 trustee's 11 U.S.C.S. § 547 preference action.
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Court
:
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
:
LSREF2 Baron LLC v. Alexander SRP Apts. LLC (In re Alexander SRP Apts. LLC)
Apr
21
2012
Ruling
Prepetition waiver of right to object to motion for relief from stay was enforceable.
Procedural posture
Movant, holder of a $17.3 million promissory note and deed on debtor's apartment complex, sought relief from the automatic stay under 11 U.S.C.S. § 362(d) in order to pursue foreclosure.
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Court
:
- 11 U.S.C.
In re Snyder
Apr
02
2012
Ruling
Confirmation denied as debtor could not surrender one parcel of real property and cram down claim secured by others.
Procedural posture
This matter came before the court for an evidentiary hearing on the confirmation of debtors' amended chapter 13 plan, which drew a creditor's objection.
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Court
:
Durden Banking Co. v. McKinney (In re McKinney)
Mar
05
2012
Ruling
Discharge denied due to false testimony at §341 meeting and other omissions and misrepresentations.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtors, a husband and wife, claiming that the debt the debtors owed was excepted from discharge under 11 U.S.C. § 523(a)(4) and § 523(a)(6), and that the debtors should be denied a discharge under 11 U.S.C. § 727(a)(2), (a)(3), (a)(4)(A), (a)(4)(D), (a)(5), and (a)(7).
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Court
: