- 11 U.S.C.
In re Lane
Jul
14
2014
Ruling
Evidentiary hearing was necessary to determine if former spouse's claim was a nondischargeable domestic support obligation.
Issue(s)
Whether the increase in former spouse's claim is attributable to a domestic support obligation and, if so, whether it may be allowed as a claim against property of the estate despite late filing?
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Court
:
- 11 U.S.C.
In re Eldorado Canyon Props. LLC
Feb
25
2014
Ruling
Case properly dismissed for debtor's failure to file documents and information before expiration of court imposed deadline.
Issue(s)
Was debtor's case properly dismissed due to debtor's failure to comply with a court order to file its statement of social security number or tax identification number, creditor matrix, telephone number, schedules A through H, summary of schedules, statistical summary of certain liabilities, and verified statement or unsworn declaration within an extended deadline?
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Court
:
Judge or Jurisdiction information not available
Ramos v. Negron
Oct
22
2013
Ruling
Bankruptcy court erred in not ruling on avoidance of lien on abandoned property.
Issue(s)
Did bankruptcy court err in deciding that it lacked jurisdiction to rule on avoidance of lien on property that had been abandoned.
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Court
:
Judge or Jurisdiction information not available
In re Parmer
Oct
01
2013
Ruling
Case dismissed with 180-day refiling bar due to failures to appear.
Issue(s)
Should case be dismissed due to debtor's failure to appear at confirmation hearing or creditors'meeting upon conversion to chapter 7.
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Court
:
- 11 U.S.C.
Gentile v. DiGiacomo (In re Gentile)
May
20
2013
Ruling
Debtors' appeal of denial of reconsideration of sale order dismissed for lack of standing.
Procedural posture
Debtors filed a voluntary petition under chapter 7 of the United States Bankruptcy Code. The trustee's motions to sell four investment properties under 11 U.S.C.S. § 363 was granted by the United States Bankruptcy Court for the District of Massachusetts. The debtors' motion for reconsideration was denied. The debtors appealed. The bankruptcy court granted the debtors' request for a stay pending appeal.
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Court
:
Judge or Jurisdiction information not available
- FRBP
Randall v. United States Bank (In re Randall)
Dec
21
2012
Ruling
Bank's properly filed and documented proof of claim was prima facie evidence of the claim's validity.
Procedural posture
In this adversary proceeding plaintiff debtors sought a determination of the validity of defendant bank's secured claim. Debtors and the bank filed competing motions for summary judgment, Fed. R. Civ. P. 56, applicable by virtue of Fed. R. Bank. P. 7056.
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Court
:
- 11 U.S.C.
Stowe v. Stowe
Dec
07
2012
Ruling
State court judgment based on larceny and embezzlement was nondischargeable.
Procedural posture
Creditor sought a nondischargeability determination under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). Relying on the res judicata effect of a state court final order, the creditor filed a motion for summary judgment.
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Court
:
In re Irving Tanning Co.
Aug
28
2012
Ruling
Confirmation denied on feasibility grounds.
Procedural posture
The court's memorandum contained findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 on debtors' contested joint plan of reorganization in these jointly administered chapter 11 cases and a related adversary proceeding. Several parties (the "Objecting Parties") objected to the proposed use of the Self-Insurance Funds and opposed the Self-Insurance Channeling Injunction.
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Court
:
- 11 U.S.C.
Ackley v. Sallie Mae Student Loans (In re Ackley)
Dec
23
2011
Ruling
Elderly debtors with multiple physical ailments granted undue hardship discharge of student loan debt.
Procedural posture
Citing 11 U.S.C.S. § 523(a)(8), debtors, a married couple who filed a chapter 7 case, asked the court to find that they were entitled to discharge their obligations for student loans for themselves and their adult children, which loans totaled around $460,000.
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Court
:
- 11 U.S.C.
Pawtucket Credit Union v. Picchi (In re Picchi)
Apr
11
2011
Ruling
Bankruptcy court properly held that debtor could modify rights of mortgagee in two-family home.
Procedural posture
Creditor was the holder of a claim secured by a second mortgage against appellee debtor's two-family home. Debtor's Plan, which modified the creditor's rights as a mortgagee, was confirmed by the U.S. Bankruptcy Court for the District of Rhode Island. The creditor appealed, asserting that the bankruptcy court erred in concluding that 11 U.S.C.S. § 1322(b)(2) permitted a debtor to modify the rights of a mortgagee in a two-family home.
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Court
:
Judge or Jurisdiction information not available