Belen v. Fundacion Lucha Pro Padres Convictos Por Pension Corp.
Oct
02
2013
Ruling
Bankruptcy petition preparers sanctioned for providing legal advice.
Issue(s)
Did bankruptcy petition preparers provide legal advice, which would justify fines.
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Court
:
- FRBP
In re Nieves
Sep
19
2013
Ruling
Creditor required to use Form 10S2 when disputing notice of final cure payment.
Issue(s)
Is use of Form 10S2 or a substantially identical form necessary to comply with Fed. R. Bankr. P. 3002.1(g) when a holder disagrees with the notice of final cure payment.
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Court
:
- 11 U.S.C.
In re Hospital de Damas Inc.
Jul
09
2013
Ruling
Union members' claim for payment of Christmas bonuses disallowed.
Procedural posture
Union members who were present or former employees of the chapter 11 debtor filed proofs of claim for the payment of their 2008 and 2009 Christmas bonuses. The debtor objected to the proofs of claim. It filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Rivera
Apr
15
2013
Ruling
Confirmation denied due to insufficient payments to secured creditor.
Procedural posture
Debtors filed a petition under chapter 11 of the Bankruptcy Code, proposed a plan for paying their creditors, and subsequently amended and supplemented their plan. A bank that held a mortgage on the debtors' residence filed an objection to the debtors' supplemented plan, and the court held a hearing on the debtors' request for confirmation of their plan and the bank's objection.
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Court
:
- 11 U.S.C.
Robin Singh Educ. Servs. v. McCarthy (In re McCarthy)
Mar
22
2013
Ruling
Denial of discharge affirmed as alleged attention deficit hyperactivity disorder did not impact debtor's ability to make omissions or misstatements to shield assets.
Procedural posture
Creditor brought an adversary proceeding against debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on the debtor's false statements in omitting assets from his schedules. The debtor appealed the judgment of the U.S. Bankruptcy Court for the District of Massachusetts which denied the debtor's discharge.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hospital Damas Inc.
Dec
26
2012
Ruling
Claims disallowed as untimely on debtor's objection under local rules.
Procedural posture
A chapter 11 debtor filed an objection to claims of two creditors. The debtor alleged that the creditors' answers in opposition to its objections were untimely under D. P.R. B.R. 3007- 1(d).
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Court
:
Claudio v. Reparto Saman Inc. (In re Claudio)
Oct
25
2012
Ruling
Mortgagee's sending of past due statements to debtor violated stay.
Procedural posture
Chapter 13 debtor filed a complaint against creditor and others alleging that the creditor willfully violated the automatic stay by mailing two collection letters to the debtor after his bankruptcy petition was filed. Pursuant to 11 U.S.C.S. § 362(k), the debtor sought actual damages, including attorney's fees, as well as punitive damages. The debtor and the creditor filed cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Rivera
Sep
10
2012
Ruling
Plan confirmed over objection of trustee to separate classification of claim for which guarantor was liable.
Procedural posture
Bankruptcy debtors proposed a plan which provided for separate classification of a claim based on a loan to one debtor for which a close relative was also liable as a guarantor, and payment of the unsecured portion of the claim in full. The bankruptcy trustee objected to confirmation of the debtors' plan based on unfair discrimination among unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(1).
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Court
:
In re van Bible
Jun
05
2012
Ruling
Tardily filed claim allowed over debtor's objection but subordinated to timely filed claims.
Procedural posture
A creditor filed its proof of claim in the amount of $2.5 million. The claim was based on a pending lawsuit filed by the creditor against debtor in the Circuit Court for Scott County, Tennessee. This proceeding was before the court on the objection to claim and motion for disallowance filed by debtor, the answer to the objection to claim and the motion for allowance filed by a creditor, and debtor's reply.
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Court
:
In re Hermanos Torres Perez Inc.
Nov
21
2011
Ruling
Unsecured creditor's motion to convert case to chapter 7 denied absent cause and given unusual circumstance of debtor's proceeding against creditor.
Procedural posture
Debtor filed a petition for relief under chapter 11 of the Bankruptcy Code, and a plan for liquidation. A creditor filed a motion to convert under 11 U.S.C.S. § 1112(b) and an objection to confirmation.
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Court
: