- 11 U.S.C.
Robbins, In re--Robbins v. Walter E. Jock Oil Co.
Mar
09
2017
Ruling
Creditor sanctioned for sending bills to debtors after discharge of debtor's pre-petition debts. (Bankr. D.N.H.)
Issue(s)
Effect of Discharge.
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Court
:
In re ARSN Liquidating Corp.
Jan
20
2017
Ruling
Purchaser's motion to enforce sale order was granted as debtor's workers' compensationexperience rating was in the nature of an interest of which the debtor's assets were sold freeand clear. (Bankr. D.N.H.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
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Court
:
In re Nevins
Dec
23
2016
Ruling
Court adopted Separate Filings Rule to determine debtor's interest in a tax refund generatedby the debtor filing a joint return with non-debtor spouse. (Bankr. D.N.H.)
Issue(s)
Findings by the Court.
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Court
:
- 11 U.S.C.
Smith v. Pollack (In re Pollack)
Jan
20
2016
Ruling
Transfer to settlement agent was not avoidable as fraudulent or constructively fraudulent.
Issue(s)
Was debtor's transfer of proceeds of sale of one property to a seller's settlement agent for the purchase of a second property constructively fraudulent?
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Court
:
Gordon v. White (In re Morgenstern)
Dec
24
2015
Ruling
Creditor sanctioned for violating the automatic stay by accepting and recording a deed to real property from a revocable trust of which debtor was settlor and beneficiary.
Issue(s)
Did creditor violate the automatic stay by accepting and recording a deed from a revocable trust of which debtor was settlor and beneficiary? A creditor violated the automatic bankruptcy stay by accepting and recording a deed to real property from a revocable trust of which the bankruptcy debtor was the settlor and a beneficiary since the debtor retained powers to revoke or amend the trust, creditors would have been able to reach the property, and the property itself rather than only the debtor's beneficial in the trust was thus bankruptcy estate property; [2]-The bankruptcy trustee was not an individual entitled to recover damages for the violation of the stay since the trustee represented the bankruptcy estate, not the trustee as an individual; [3]-Sanctions were warranted for the violation of the stay since the creditor was aware of the bankruptcy case when the creditor accepted and recorded the deed, the creditor was aware of the existence of the stay, and the creditor's actions were admittedly intentional.
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Court
:
- 11 U.S.C.
Gordon v. Millette (In re Millette)
Sep
28
2015
Ruling
Payments owed to debtor by former spouse pursuant to divorce decree were property of the estate to be turned over to the trustee upon payment.
Issue(s)
Should payments to debtor pursuant to a final decree of divorce be turned over to the trustee?
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Court
:
- 11 U.S.C.
In re Tacason
Dec
31
2014
Ruling
Attorneys' fees disallowed for chapter 13 petition filed on behalf of ineligible debtor and for work in chapter 11 case before receiving court permission.
Issue(s)
Was debtor's attorney entitled to compensation for services provided in filing chapter 13 case, when debtor was over the eligibility limit and in debtor's chapter 11 case before receiving authorization to represent the debtor?
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Court
:
- 11 U.S.C.
Gray v. Tacason (In re Tacason)
Dec
31
2014
Ruling
Failure to return property pursuant to court order was willful and malicious, resulting in nondischargeable debt.
Issue(s)
Was debtor's personal use of business funds and failure to return the funds pursuant to a settlement grounds for nondischargeability.
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Court
:
Manning v. CitiMortgage Inc. (In re Manning)
Feb
27
2014
Ruling
Creditor's insistence on second postdischarge reaffirmation agreement did not violate discharge injunction.
Issue(s)
Did creditor violate discharge injunction by requesting that debtor enter into second, postdischarge reaffirmation agreement?
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Court
:
- 28 U.S.C.
Smith v. Quiznos Master LLC (In re Bouley)
Nov
27
2013
Ruling
Trustee's proceeding against debtor's franchisors transferred to state with significant relationship to underlying agreement.
Issue(s)
Should trustee's proceeding against debtor's franchisors be dismissed or transferred to venue specified in franchise agreement?
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Court
: