- 11 U.S.C.
Fitzgerald v. Gorman (In re Gorman)
Sep
15
2010
Ruling
Discharge denied due to debtor's nondisclosure of interests in several business entities.
Procedural posture
United States Trustee (UST) filed a complaint against defendant chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A).
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Court
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Danvers Sav. Bank v. Alexander (In re Alexander)
Mar
30
2010
Ruling
Debt was dischargeable absent evidence of willful intention to deceive.
Procedural posture
Plaintiff creditor, a bank, filed this adversary proceeding in the bankruptcy case of defendant debtor to determine the dischargeability of the debtor's judgment debt to the creditor arising from losses sustained due to a check kiting scheme. The creditor contended that the debt was exempt from discharge under 11 U.S.C.S. § 523(a).
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Court
:
- 11 U.S.C.
In re Massillon
Mar
10
2010
Ruling
Debtor spouse's distributions from spendthrift trust were not excluded from estate.
Procedural posture
The chapter 7 trustee filed an objection to the debtor wife's claim of exemption as to her interest, valued at approximately $ 62,000, in a testamentary spendthrift trust governed by New York law. At issue was whether 11 U.S.C.S. § 541(c)(2), excluded her rights to distributions from the bankruptcy estate, rendering them exempt under 11 U.S.C.S. § 522(d)(5), whether the exemption was limited.
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Court
:
- 11 U.S.C.
Taratuska v. Educational Res. Inst. Inc. (In re Taratuska)
Feb
12
2010
Ruling
Student loan debt was dischargeable as causing "psychological hardship" on debtor.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a private lender and the U.S. Department of Education (DOE), seeking a determination that student loan debts she owed to the lender and the DOE were dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
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Court
:
- 28 U.S.C.
Wolfe v. Greentree Mortg. Corp.
Jan
26
2010
Ruling
Mandatory abstention not applicable to core proceeding for invalidation of deed of trust.
Procedural posture
Plaintiff debtor filed a voluntary petition in bankruptcy. The debtor then sued defendants, corporations, and alleged unconscionable inducement of the loan, misconduct by a notary public, breach of contract, estoppel preventing foreclosure on the loan, illegal debt collection, and illegal return of payment. The action sought, inter alia, invalidation of the deed of trust and damages. The corporations removed the case. The debtor moved to remand.
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Court
:
- 11 U.S.C.
In re Budryk
Dec
03
2009
Ruling
Mortgagee's feasibility objection to plan confirmation sustained.
Procedural posture
A bankruptcy debtor who owned rental properties proposed a reorganization plan but the mortgagee of the properties objected to confirmation of the plan on the ground that the plan was not feasible as required by 11 U.S.C.S. § 1129(a)(11).
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Court
:
- 11 U.S.C.
In re Blake
Nov
30
2009
Ruling
Plan confirmed over creditor's objection to using confirmation date as date of valuation for cramdown.
Procedural posture
Bankruptcy debtors proposed a plan which provided that mortgage creditors would receive monthly payments having a present value of the fair market value of the debtors' rental properties on the date of confirmation. The creditors objected to confirmation of the debtors' plan on the ground that the proper date of valuation was the date the debtors commenced their bankruptcy case.
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Court
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Arbogast v. Wells Fargo Auto Fin. Inc.
Oct
21
2009
Ruling
Claim by debtor against bank as assignee of motor vehicle dealership for breach of installment contract not disclosed in schedules remained property of the estate.
Procedural posture
Plaintiffs, buyers, asserted claims for assignee liability for certain breach of contract allegations and alleged, unspecified violations of the West Virginia Consumer Credit and Protection Act committed by a automobile dealership relating to the contract between the dealership and the buyers. The contract was assigned to defendant bank and the buyers' alleged assignee liability. The bank moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Everest Crossing LLC
Sep
17
2009
Ruling
Relief from stay to proceed with eviction denied where landlord did not properly terminate lease.
Procedural posture
A landlord moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to permit it to exercise its rights under a lease, including to proceed to state court to evict debtor for non-payment of rent and other defaults under the lease.
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Court
:
- 11 U.S.C.
In re Samuels
Jul
06
2009
Ruling
Objection to proof of claim on basis of creditor's standing overruled where there were no defects in mortgage chain of title
Procedural posture
In contested chapter 11 proceedings, movant creditor, as trustee--under a pooling and servicing agreement--of a mortgage investment trust, sought summary judgment as to an objection filed by the debtor to its secured claim, which was based on a promissory note and a mortgage given as security. The debtor challenged the creditor's claim that it was the holder of the note and the owner of the mortgage and its standing to enforce its rights.
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Court
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