- 11 U.S.C.
DeGiacomo v. First Call Mortg. Co. (In re Reznikov)
Mar
29
2016
Ruling
Mortgage that did not give constructive notice to subsequent purchasers for value could be avoided.
Issue(s)
Was mortgage subject to avoidance because the certificate of acknowledgment was materially defective under state law?
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Court
:
- 11 U.S.C.
In re Tosi
Mar
04
2016
Ruling
Confirmation denied due to plan's failure to properly provide for surrender of property.
Issue(s)
Whether debtor's chapter 13 plan was fairly characterized as one that surrendered the property securing the claim to the creditor.
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Court
:
Zutrau v. Zutrau (In re Zutrau)
Feb
24
2016
Ruling
Loan debt to sister was nondischargeable due to material misrepresentations and conversion.
Issue(s)
Was debt owed by debtor to sister excepted from discharge as arising pursuant to fraud or misrepresentation?
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Court
:
- 11 U.S.C.
Twin River Worldwide Holdings Inc. v. Sola Ltd. (In re BLB Worldwide Holdings Inc.)
Nov
03
2015
Ruling
Contingent value rights agreement was a proper implementation of debtor's plan and not an improper modification.
Issue(s)
Was the provision of a contingent value rights (CVR) agreement setting forth additional details regarding the thresholds above which CVR holders are entitled to part of the proceeds from a covered transaction is a permissible implementation of debtor's confirmed plan?
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Court
:
- 11 U.S.C.
In re Rolanti
Apr
02
2015
Ruling
Notice that mortgagee would not restore debtor's web access where debt had not been reaffirmed did not violate the discharge injunction.
Issue(s)
Did bank violate the discharge injunction by refusing to restore debtor's online banking privileges unless debtor reaffirmed mortgage debt?
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Court
:
Knappik v. Dewhurst (In re Dewhurst)
Mar
20
2015
Ruling
Discharge denied due to failure to keep records, false oaths and inability to explain loss of assets.
Issue(s)
Were debtor's false oaths and failures to keep records or explain loss of assets grounds for denial of discharge?
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Court
:
Piccerelli v. Piccerelli (In re Piccerelli)
Feb
05
2015
Ruling
Creditors did not establish grounds for placing real estate that was property of the estate in a constructive trust.
Issue(s)
Was debtor's interest in a parcel of real property subject to a constructive trust in creditors' favor and therefore, to the extent of the constructive trust, not property of the debtor's estate?
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Court
:
- 11 U.S.C.
Movshovich v. Movshovich
Oct
23
2014
Ruling
State court judgment was nondischargeable as based on false representation on which creditor relied.
Issue(s)
Was a state court judgment arising out of a failed business relationship between the debtor and creditor excepted from discharge as a debt arising from false pretenses, a false representation, or actual fraud, as a debt obtained by use of a statement in writing that is materially false?
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Court
:
- 11 U.S.C.
Stallworth v. McBride (In re McBride)
Jun
18
2014
Ruling
Debt was nondischargeable due to debtor's false representation that it had authority to settle action on behalf of creditor.
Issue(s)
Was debtor attorney's false representation that he had authority to settle creditor's state forfeiture case grounds for nondischargeable debt?
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Court
:
In re Charles St. African Methodist Episcopal Church
May
14
2014
Ruling
Bank could credit bid at debtor's sale of real property securing its loan.
Issue(s)
Was debtor entitled to an order prohibiting its mortgage holder from credit bidding at its sale of property?
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Court
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