- 11 U.S.C.
In re Plaza Antillana Inc.
Feb
14
2014
Ruling
Case filed on eve of foreclosure dismissed for bad faith.
Issue(s)
Should debtor's case filed on the eve of foreclosure be dismissed for cause as a single asset real estate filed in bad faith due to substantial or continuing loss or diminution of the estate and lack of a reasonable likelihood of rehabilitation or ability to propose feasible chapter 11 plan?
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Court
:
- 11 U.S.C.
In re Terron-Hernandez
Nov
18
2013
Ruling
Debtors could not file second case less than 180 days after voluntary dismissal of first case.
Issue(s)
Were debtor's ineligible to file second case less than two months after voluntary dismissal of prior case.
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Court
:
- 11 U.S.C.
deBenedictis v. Brady-Zell (In re Brady-Zell)
Oct
24
2013
Ruling
Debt to divorce attorney properly held dischargeable absent evidence of intent to defraud at time of hiring.
Issue(s)
Were legal fees incurred in divorce proceeding nondischargeable on grounds of fraud.
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Court
:
Judge or Jurisdiction information not available
In re Builders Group & Dev. Corp.
Oct
22
2013
Ruling
Motion for use of postpetition rent as cash collateral denied absent proof of adequate protection.
Issue(s)
Was debtor entitled to use of postpetition commercial rents as cash collateral.
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Court
:
In re MJS Las Croabas Props.
May
29
2013
Ruling
FDIC, as receiver, granted relief from stay against singe asset real estate debtor.
Procedural posture
The Federal Deposit Insurance Corporation (FDIC-R), as receiver for a bank, filed a motion for relief from automatic stay under 11 U.S.C.S. § 362(d) against the Chapter 11 debtor, a single-asset real estate company. The court held a hearing on the motion.
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Court
:
In re Sabana Del Palmar Inc.
May
29
2013
Ruling
Relief from stay granted given lack of adequate protection or reasonable possibility of recovery.
Procedural posture
After debtor real estate company filed a petition for bankruptcy protection under chapter 11, a receiver filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and (2) with respect to the debtor's real estate.
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Court
:
- 11 U.S.C.
In re Sabana Del Palmar Inc.
May
29
2013
Ruling
Turnover excused where FDIC's continued receivership was in best interests of creditors.
Procedural posture
The chapter 11 debtor filed a motion for turnover of property under 11 U.S.C.S. § 543. The Federal Deposit Insurance Corporation (FDIC) filed a motion to excuse turnover. The court held a hearing on the motions.
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Court
:
In re Piovanetti
May
16
2013
Ruling
Debt to bank that was liquidated and not contingent caused debtor to exceed limit for chapter 13 eligibility.
Procedural posture
A bank filed an objection to an amended plan and a request for dismissal, arguing that the debtor was ineligible to be a chapter 13 debtor under 11 U.S.C.S. § 109(e). The debtor affirmed his eligibility alleging that he was not the principal debtor of the debt with the bank, but rather the guarantor. He alleged that the same was contingent upon the principal's default on the loan and could not be considered as a claim for eligibility purposes.
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Court
:
- 11 U.S.C.
Lopez v. Dept of the Treasury of the Commonwealth of P.R. (In re Lopez)
Apr
26
2013
Ruling
Puerto Rico treasury department's notice and demand for payments violated stay.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant Puerto Rico Treasury Department, claiming that the Department willfully violated the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when she declared bankruptcy. The debtor filed a motion for partial summary judgment, asserting she was entitled to an award of compensatory and punitive damages under 11 U.S.C.S. § 362(k).
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Court
:
- 11 U.S.C.
In re Diaz
Apr
25
2013
Ruling
Incarceration did not constitute exigent circumstances that would allow waiver of credit counseling requirement.
Procedural posture
A prison inmate filed a bankruptcy petition and, based on the inmate's incarceration, moved for a waiver of the requirement for credit counseling in order to be eligible under 11 U.S.C.S. § 109 to be a bankruptcy debtor.
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Court
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