- 11 U.S.C.
Cicco, In re
Oct
03
2024
Ruling
Debtor's request to set aside the order to commence cure payments was denied as there was no reasonable justification for delaying the payments. (Bankr. S.D. Ala.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
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- 11 U.S.C.
Silmon, In re
Oct
01
2024
Ruling
Debtor's unsecured creditors were entitled to the pro rata distribution from the amount returned to trustee as it was undisputed that the unsecured creditors were not paid in full. (Bankr. M.D. Ala.)
Issue(s)
Payments.
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Court
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- 11 U.S.C.
Curepoint, LLC, In re--Wender v. Miles
Sep
30
2024
Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.
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- 11 U.S.C.
Jacoub, In re
Sep
30
2024
Ruling
Debt for personal injuries from debtor's unlawful operation of vehicle while intoxicated found nondischargeable based on witness testimony, technical evidence, and debtor's flight from scene. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Liability For Driving While Intoxicated.
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Carter, In re--Armstrong v. Carter
Sep
30
2024
Ruling
State court sanctions order did not have preclusive effect in nondischargeability proceeding. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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- 11 U.S.C.
McCaskey, In re
Sep
30
2024
Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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- 11 U.S.C.
Parrish, In re--Parrish v. BSFR Prop. Mgmt., LLC
Sep
27
2024
Ruling
Any claim for post-petition rent was treated as a pre-petition claim and was discharged as it was undisputed that the Chapter 7 trustee did not assume the debtor's unexpired residential lease. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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- 11 U.S.C.
Feltmann, In re
Sep
27
2024
Ruling
Unpaid late-filed taxes deemed nondischargeable and case would not be reopened to allow debtor to seek sanctions against tax board for pursuing post-petition interest. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.
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- 11 U.S.C.
Medcross Imaging, LLC, In re--Pettie v. Medcross Imaging, LLC
Sep
26
2024
Ruling
Transfers could not be avoided absent any evidence that defendant was the initial transferee or an immediate or mediate transferee of the initial transferee. (Bankr. N.D. Ga.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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- 11 U.S.C.
Edgewood Food Mart, In re--Lester v. Edgewood Food Mart, Inc.
Sep
25
2024
Ruling
Creditor sanctioned for filing a frivolous complaint against debtor as it knew or should have known that it lacked standing to bring the proceeding. (Bankr. N.D. Ga.)
Issue(s)
Preferences.
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