- FRBP
In re Carreras
Jun
25
2013
Ruling
Stay pending appeal of dismissal of case for undue delay denied given that debtor was unlikely to prevail.
Procedural posture
A bankruptcy debtor's case was dismissed based on the debtor's undue delay over a period of three years, failure to pursue a feasible plan of reorganization, and failure to comply with the bankruptcy court's orders. The debtor moved for a stay pending appeal of the dismissal order.
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Court
:
In re Ramos
Jun
04
2013
Ruling
Confirmation denied due to failure to provide information necessary to allow debtor to retain tax refunds.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors which paid arrears in the amount of $1,832 which she owed to a bank, taxes she owed, and her attorney's fees in the amount of $2,750, but paid unsecured creditors approximately five percent of what they were owed. A trustee who was appointed to administer the debtor's plan filed an objection to confirmation of the plan.
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Court
:
- FRBP
In re Roblex Aviation Inc.
Feb
19
2013
Ruling
Debtor's motion for stay pending appeal denied as untimely and given lack of likelihood of success on merits.
Procedural posture
Before the court was debtor's motion to stay proceedings pending appeal filed pursuant to Fed. R. Bankr. P. 8005.
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Court
:
- 11 U.S.C.
In re Lee Min Ho Chen
Nov
09
2012
Ruling
Confirmation of debtor's second amended plan denied due to failure to satisfy absolute priority rule.
Procedural posture
The proceeding before the court was a creditor's Opposition to Second Amended Plan of Reorganization (SAP) and debtor's Reply thereto.
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Court
:
- 11 U.S.C.
In re Ortiz
Sep
20
2012
Ruling
Costs, emotional and punitive damages awarded due to postpetition executions sought by attorney for co-defendant in personal injury case.
Procedural posture
After the court found that defendants had intentionally violated the automatic stay imposed under 11 U.S.C.S. § 362, the court heard evidence on movant debtor's claim that she was entitled to compensatory damages for emotional distress, punitive damages and attorneys fees. The violations had occurred in connection with defendants' postpetition efforts to execute on debtor's property based on a prepetition state court wrongful death judgment.
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Court
:
- 11 U.S.C.
Villani v. Villani
Aug
28
2012
Ruling
Bankruptcy court ordered to deny discharge due to debtor's concealment with numerous badges of fraud.
Procedural posture
Appellant creditor sought review of a judgment from the United States Bankruptcy Court for the District of Massachusetts in favor of appellee chapter 7 debtor on the creditor's complaint objecting to the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Salutaris Dialysis & Nephrology Ctr.
Aug
01
2012
Ruling
Case dismissed due to lack of likelihood of rehabilitation as debtor had lost right to occupy premises where it operated its business.
Procedural posture
Debtor's chapter 11 case was before the court upon an asset purchaser's motion to dismiss for cause, pursuant to 11 U.S.C.S. § 1112(b)(1) and debtor's reply to the motion.
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Court
:
Alvarez Valentin v. P.R. Treasury Dept. (In re Alvarez Valentin)
Jul
10
2012
Ruling
Secured tax claim reduced to amount of equity remaining in subject property after first lien in favor of bank.
Procedural posture
Chapter 13 debtors alleged, pursuant to 11 U.S.C.S. § 506(a), that defendant Puerto Rico Treasury Department (creditor) only had a secured claim against debtors in the amount of $11,442 as opposed to a larger amount claimed by the creditor. The debtors filed a motion for summary judgment.
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Court
:
In re Agrinsoni
Jun
26
2012
Ruling
Chapter 13 case ordered dismissed where debtor's business was a for profit professional corporation and not a d/b/a as asserted in petition.
Procedural posture
A creditor moved to dismiss a debtor's case based on his alleged ineligibility to serve as a Chapter 13 debtor pursuant to 11 U.S.C.S. § 109(e) because he operated a for profit professional services corporation and not a d/b/a as asserted in his voluntary petition.
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Court
:
- 11 U.S.C.
Arzuaga v. Quantum Servicing Corp. (In re Arzuaga)
Apr
03
2012
Ruling
Collection actions for payments owed after discharge was granted did not violate discharge injunction.
Procedural posture
Plaintiff debtors initiated this adversary proceeding against defendant, a mortgage servicer and debt collector, upon filing a complaint for alleged damages and violations of the discharge injunction pursuant to 11 U.S.C.S. § 524, the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq. The court ordered bifurcation of the case into two stages, liability and damages. A trial on the liability issue was held.
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Court
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