- 11 U.S.C.
In re Franco
Jul
27
2012
Ruling
Case dismissed due to failure of administratively insolvent debtor to file monthly reports of operation, disclosure statement or plan.
Procedural posture
A secured creditor filed a motion to dismiss pursuant to 11 U.S.C.S. § 1112(b)(1). The debtor in possession opposed the motion.
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In re Arroyo
Jul
12
2012
Ruling
Retroactive relief from stay granted to validate judicial sale of real property conducted less than 24 hours after petition was filed.
Procedural posture
Debtor's case came before the court for a hearing to consider a bank's motion requesting retroactive relief from the automatic stay in order to validate a judicial sale of real property executed after the petition date.
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Court
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- FRBP
In re Hernandez
Jun
14
2012
Ruling
Trustee's objection to debtor's timely motion to amend value of cause of action and related exemption denied.
Procedural posture
The chapter 7 trustee filed an objection to debtor's motion to inform an amendment of his schedules B and C to change the value of a case he held as plaintiff in a non-federal court of first instance, and to amend his claimed exemptions, under 11 U.S.C.S. § 522, based on that new value.
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Court
:
- 11 U.S.C.
In re Infante Ramon
Apr
17
2012
Ruling
Debtor did not need to claim exemption in postpetition settlement proceeds which were not property of the estate.
Procedural posture
There were two interrelated matters pending before the court. The first was the chapter 7 trustee's objection to debtor's claim of exemptions and debtor's opposition thereto. The second was debtor's opposition to the "trustee's sine die continuance and request to deem § 341 meeting closed." The motion to deem the 11 U.S.C.S. § 341 meeting closed stood unopposed.
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Court
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In re Vargas
Apr
17
2012
Ruling
Debtors could not claim increased exemption in property after trustee's avoidance of mortgage lien.
Procedural posture
After a bankruptcy trustee avoided a mortgage lien against bankruptcy debtors' real property, the debtors moved to amend their schedule of exemptions to claim an increased exemption in the property. The trustee opposed the proposed amendment.
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Court
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- 11 U.S.C.
In re Ramirez
Mar
28
2012
Ruling
Debtor could amend personal property schedules to include claim under Fair Debt Collection Practices Act.
Procedural posture
Debtor moved for reconsideration of an order that vacated a prior ruling denying a motion filed by a finance company in which it had objected to debtor's amendment of Schedule B. One issue was the effect of debtor's inclusion, on the amended schedule, of a claim, against the company, under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (FDCPA), then being litigated in the district court.
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Court
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In re Figueroa
Mar
26
2012
Ruling
Case dismissed where debtor was in material default.
Procedural posture
A chapter 13 trustee filed a motion to dismiss pursuant to 11 U.S.C.S. § 1307(c), alleging that a debtor was in material default with respect to the terms of his confirmed plan.
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Court
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- 11 U.S.C.
Morales v. Doral Bank (In re Morales)
Feb
15
2012
Ruling
Foreclosure seeking in personam liability against debtor for deficiency violated discharge injunction.
Procedural posture
Plaintiff chapter 7 debtors filed a motion for partial summary judgment in their action against defendants, a secured creditor and a collection manager and/or attorney for the creditor, alleging that defendants violated the automatic stay and the discharge injunction in 11 U.S.C.S. § 362 and § 524(a)(2). The creditor filed a cross motion for summary judgment.
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Court
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- 11 U.S.C.
Slabicki v. Gleason (In re Slabicki)
Feb
03
2012
Ruling
Capias executed against debtor as president and sole shareholder of corporation in action to enforce prepetition judgment against corporation did not violate stay.
Procedural posture
Debtor filed an adversary proceeding seeking compensatory and punitive damages under 11 U.S.C.S. § 362(k)(1) against defendants, a creditor and constable, for allegedly violating the automatic stay, The U.S. Bankruptcy Court for the District of Massachusetts found no stay violation. Debtor appealed the judgment.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Padilla
Nov
28
2011
Ruling
Debtor could not claim exemption in property owned solely by co-debtor spouse.
Procedural posture
This case was before this court upon the trustee's objection to debtors' claim for exemption under 11 U.S.C.S. § 522(d)(5) and the oppositions filed by debtors.
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Court
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