Desmond v. Baker (In re McDonnell)
Mar
30
2007
Ruling
Legal fees paid by debtor from proceeds of unauthorized postpetition sale of residence were recoverable by trustee.
Procedural posture
Plaintiff, a chapter 7 trustee, sued defendant, counsel to debtor, pursuant to 11 U.S.C. § 542(a) for $1,000 that he received from debtor on account of legal fees allegedly owed for legal services, which payment was made from the proceeds of debtor's postpetition but unauthorized sale of her residence while a chapter 13 was pending. Cross-motions for summary judgment were filed.
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Court
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TD BankNorth v. Ewing (In re Ewing)
Mar
29
2007
Ruling
Forebearance agreement was essentially a reaffirmation and did not comply with necessary requirements.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that its debt was nondischargeable both because it did not arise before entry of the order for relief and, in the alternative, under 11 U.S.C. § 523(a)(3) due to the debtors'failure to schedule the debt. The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Creighton
Feb
16
2007
Ruling
Debtor's agreement with creditor to assume prepetition motor vehicle lease was not enforceable due to lack of reaffirmation agreement.
Procedural posture
A bankruptcy debtor and a creditor stipulated that the debtor would assume prepetition vehicle lease agreements under 11 U.S.C. § 365(p)(2) and waive any effect of a bankruptcy discharge. The creditor moved for reconsideration of the bankruptcy court's orders that the debtor would not be deemed to assume the agreements in the absence of reaffirmation agreements under 11 U.S.C. § 524(c).
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Court
:
- 11 U.S.C.
Keene v. Mugford (In re Mugford)
Jul
28
2006
Ruling
Homeowners'complaint against debtor contractor was dismissed since homeowners failed to demonstrate debtor knowingly made false representations.
Procedural posture
Plaintiff homeowners brought an adversary proceeding against defendant chapter 7 debtor, alleging that their claim for damages against the debtor arising from his alleged breach of a home improvement contract was excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and (B). The bankruptcy court held a trial on the complaint.
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Court
:
- 11 U.S.C.
In re Molten Metal Tech. Inc.
Jul
07
2006
Ruling
Court granted final compensation and expense requests but denied premium request since lodestar allowance fairly and reasonably compensated trustee and retained professionals.
Procedural posture
A bankruptcy trustee, his counsel, his two special counsel, his accountant, and his special consulting expert (the professionals) requested final compensation for services and reimbursement of expenses in jointly administered chapter 11 cases. In addition to its hourly/lodestar compensation request, the trustee's counsel sought a premium.
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Court
:
- 11 U.S.C.
Burke v. Neronha (In re Neronha)
Jun
30
2006
Ruling
Court denied creditor summary judgment on issue of debt dischargeability since state agency award did not establish necessary elements under section 523(a)(6).
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The underlying debt involved an award for sexual harassment. The creditor moved for summary judgment, arguing that the adjudication by the state agency had preclusive effect as to all the necessary elements under section 523(a)(6). The debtor moved to dismiss.
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Court
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In re Sarafoglou
Jun
29
2006
Ruling
Creditor was denied relief from automatic stay since creditor was adequately protected by equity cushion.
Procedural posture
Movant, the servicing agent for creditor, filed a motion for an order confirming that the automatic stay, 11 U.S.C. § 362, was not in effect in debtor's chapter 13 case and was no bar to creditor's foreclosure of its mortgage. Creditor requested relief from stay on account of its mortgage on debtor's residence because of a lack of adequate protection and debtor having no equity in her residence. Debtor requested that the stay take effect.
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Court
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DCFS Trust v. Goldstein (In re Goldstein)
Jun
28
2006
Ruling
Debt was deemed dischargeable since debtor did not act willfully.
Procedural posture
Plaintiff creditor brought an adversary proceeding and sought a determination that its claim for damages against debtor arising from debtor's failure to return a leased car was excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and (a)(6). Debtor moved for sanctions pursuant to 11 U.S.C. § 362 for violation of the automatic stay, Fed. R. Bankr. P. 9011, Fed. R. Civ. P. 37, and attorneys fees and costs under 11 U.S.C. § 523(d).
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Court
:
- 11 U.S.C.
Grossman v. Foster (In re Foster)
May
24
2006
Ruling
Debtor's discharge was revoked since debtor knowingly and fraudulently failed to deliver and report certain proceeds as estate property.
Procedural posture
Plaintiff trustee filed an adversary complaint seeking a revocation, pursuant to 11 U.S.C. § 727(d)(2), of defendant debtor's chapter 7 discharge on the ground that the debtor knowingly and fraudulently failed to deliver and report the acquisition of the proceeds of a prepetition promissory note that was the property of the estate.
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Court
:
- 11 U.S.C.
Dufresne v. N.H. Higher Educ. Assistance Found. (In re Dufresne)
Apr
25
2006
Ruling
Debtor's student loan debt was discharged due to undue hardship.
Procedural posture
By her complaint in an adversary proceeding, debtor sought a discharge of her outstanding student loans on an undue hardship basis under 11 U.S.C. § 523(a)(8). Defendant, the assignee of the loans, opposed their discharge. The matter was before the court for decision following trial.
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Court
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