Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez)
Aug
26
2014
Ruling
Dismissal of debtors' fourth chapter 13 case due to bad faith affirmed.
Issue(s)
Was debtors' fourth chapter 13 petition properly dismissed for bad faith?
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Court
:
Judge or Jurisdiction information not available
In re Mendez
Aug
22
2014
Ruling
Relief from stay granted nunc pro tunc where notice of bankruptcy was provided to creditor's counsel two minutes before foreclosure sale on property in which there was no equity.
Issue(s)
Was bank entitled to nunc pro tunc relief from stay to validate foreclosure completed half an hour after debtor's petition was filed?
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Court
:
- 11 U.S.C.
Barbour v. Bertrand (In re Bertrand)
Aug
21
2014
Ruling
Discharge denied due to debtor serial filer's knowing omission of property from schedules and statements.
Issue(s)
Should serial debtor be denied a discharge due to omissions from schedules and statements?
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Court
:
- FRBP
In re Hoover
Aug
06
2014
Ruling
Debtor's counsel sanctioned for misstatements of law.
Issue(s)
Should debtor's counsel be sanctioned for misstatements of law made to the bankruptcy court?
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Court
:
- 11 U.S.C.
In re Ortiz
Jul
14
2014
Ruling
Debtor spouses could not "stack" each others liens in calculating impairment of their respective homestead exemptions in entireties property.
Issue(s)
Could debtors avoid two liens, one secured by the one debtor's interest in their entireties property and the other secured by the second debtor's interest in the property, in their entirety by "stacking" the liens?
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Court
:
- 11 U.S.C.
Junk v. CitiMortgage Inc. (In re Junk)
Jul
02
2014
Ruling
Motion for relief from stay and abstention granted to allow foreclosure and resolution of state law issues?
Issue(s)
Should relief from stay be granted to allow creditor to obtain judgment in foreclosure and should court abstain from hearing state law issues involved in foreclosure?
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Court
:
- 11 U.S.C.
In re Vanbuskirk
May
20
2014
Ruling
Real estate owned by trust of which debtors were trustees was property of the estate but subject to debtors' homestead exemption.
Issue(s)
Under what circumstances does a trust's property become property of a bankruptcy estate and may the holders of a beneficial interest in a trust which holds a beneficial interest in another trust which owns a home claim a homestead exemption in the home?
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Court
:
- FRBP
In re IDC Clambakes Inc.
May
16
2014
Ruling
Implied contract claims of creditor condominium association disallowed.
Issue(s)
Should implied contract claims of creditor condominium association arising out of debtor's alleged seven-year trespass on a parcel of land be disallowed?
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Court
:
- 11 U.S.C.
In re Davenport Bev. Corp.
Feb
12
2014
Ruling
Limited prepetition expense claims entitled to administrative expense status less credit for rent overpayment.
Issue(s)
Should late charges, repairs and maintenance costs, and attorneys' fees which the creditor asserted debtor owed him under a lease be accorded administrative expense status under 11 U.S.C.S. § 503(b).
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Court
:
In re Markham
Dec
31
2013
Ruling
Chapter 7 debtors not entitled to turnover of undistributed, preconversion chapter 13 plan payments.
Issue(s)
Were debtors entitled to return of plan payments the trustee had not yet distributed when their chapter 13 case was converted to chapter .
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Court
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