In re Gulfcoast Irrevocable Trust
Nov
30
2012
Ruling
Case filed in improper venue where debtor's major business decisions were made in another district.
Procedural posture
These cases were before the court upon the motion to dismiss the petitions as having been filed in the improper venue, or, in the alternative, to transfer venue to the U.S. Bankruptcy Court for the Middle District of Florida, Tampa Division, filed by the Federal Deposit Insurance Corporation, as receiver for a bank. The motion was filed in each bankruptcy petition. Debtors opposed the motion.
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Court
:
- 11 U.S.C.
In re Swiss Chalet Inc.
Nov
27
2012
Ruling
Pending proceedings prevented order closing case.
Procedural posture
Debtor, citing 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 3022, applied to the court for a final decree on claims that the plan had been substantially consummated, drawing objections from three parties in interest, including the U.S. trustee (UST). Debtor also moved to alter or amend per Fed. R. Civ. P. 59(e) to challenge the $10,000 monthly charges that one such party, a broker, sought as an administrative expense and raising related issues.
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Court
:
- 11 U.S.C.
Raso v. Fahey (In re Fahey)
Nov
20
2012
Ruling
Holding that nonpayment of contributions to retirement plan did not result in nondischargeable debt reversed and remanded for further findings since debtor acted in fiduciary capacity.
Procedural posture
Employee benefit plan trustee (the creditor) sought review of an order from the United States Bankruptcy Court for the District of Massachusetts, which granted summary judgment in favor of appellee debtor on the creditor's complaint seeking a determination that certain unpaid contributions to multiple employee benefit plans were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
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Court
:
Judge or Jurisdiction information not available
Garcia v. Department of the Treasury of the Commonwealth of Puerto Rico (In re Garcia)
Nov
02
2012
Ruling
Treasury department violated stay by sending notices of attachment to debtors.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against the Department of the Treasury of the Commonwealth of Puerto Rico ("Treasury Department") and a chapter 13 trustee, seeking a determination that the Treasury Department was liable in damages because it violated the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when the debtors declared bankruptcy. The debtors filed a motion for partial summary judgment.
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Court
:
- 11 U.S.C.
Cordero v. Cooperative De Ahorro Y Creditor Nuestra Seora De La Candelaria (In re Cordero)
Oct
23
2012
Ruling
Creditor was subject to sanctions for collection efforts that violated discharge injunction.
Procedural posture
Debtors brought an adversary proceeding against creditor, asserting violations of the discharge injunction, pursuant to 11 U.S.C.S. § 524(a)(2), moved for partial summary judgment on the claim.
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Court
:
- 11 U.S.C.
In re Quiles
Oct
18
2012
Ruling
Confirmation of plan denied due to improper separate classification of student loan debt incurred by debtor for child.
Procedural posture
Bankruptcy debtors proposed a plan which provided for inclusion of student loan debt for which the debtors co-signed in a classification of co-signed debts which received more favorable treatment than other unsecured debts. The bankruptcy trustee objected to confirmation of the plan based on unfair discrimination among unsecured creditors as prohibited by 11 U.S.C.S. § 1322(b)(1).
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Court
:
- 11 U.S.C.
In re Ramirez
Sep
14
2012
Ruling
Bankruptcy petition preparer enjoined from acting as such due to failure to serve needs of debtors, most of whose cases were dismissed.
Procedural posture
Petition preparer was ordered to show cause why he should not be found to have violated 11 U.S.C.S. §§ 110, 526 and 528 and why he should not be penalized and enjoined to act as a bankruptcy petition preparer pursuant to 11 U.S.C.S. 110(h)(4), (j)(2)(B) and (j)(3).
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Court
:
- 11 U.S.C.
In re Vila
Sep
14
2012
Ruling
Bankruptcy petition preparer enjoined from acting in that capacity due to numerous defective and dismissed filings.
Procedural posture
After the U.S. Trustee (UST) directed the court's attention to claimed errors on the part of a bankruptcy petition preparer, the court ordered the preparer to show cause why he should not be found to have violated various statutes including 11 U.S.C.S. § 110 and why he should not be enjoined from continuing to act in such capacity and otherwise penalized. The preparer did not answer the order to show cause but he appeared at the hearing.
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Court
:
- 11 U.S.C.
In re De Jesus
Sep
14
2012
Ruling
Bankruptcy petition preparer fined due to prima facie violations, including signing of petitions.
Procedural posture
The court issued a show cause order to a petition preparer asking him to show cause that he had not violated 11 U.S.C.S. § 110(d) and § 110(e)(1).
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Court
:
In re Mendez
Aug
09
2012
Ruling
Special counsel's fees denied due to payment of proceeds of judgment in favor of estate to debtor without informing trustee.
Procedural posture
A special counsel filed an application for compensation pursuant to 11 U.S.C.S. § 328 for the legal services he rendered representing a bankruptcy estate in a state court matter. The United States Trustee (UST) objected to the special counsel's motion and moved for summary judgment.
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Court
: