- 11 U.S.C.
In re Huntington
Mar
01
2010
Ruling
Creditor not allowed relief from stay to perfect postpetition attachment.
Procedural posture
In a chapter 7 debtor's bankruptcy case, movant creditor filed a motion for relief from stay to record a postpetition attachment against escrowed funds.
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Court
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Saunders Real Estate Corp. v. Pearlman (In re Pearlman)
Sep
16
2009
Ruling
Discharge denied due to debtor's false representations and concealment.
Procedural posture
Creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(3) on the ground that the debtor failed to maintain proper books and records. At the conclusion of a trial on the merits, the court allowed the creditor to amend its complaint to include claims that the debtor should be denied a discharge under 11 U.S.C.S. § 727(a)(2) and (a)(4).
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Court
:
- 11 U.S.C.
In re Medaglia
Apr
01
2009
Ruling
Relief from stay granted to allow recordation of deed from prepetition foreclosure sale that cut off debtor's right to cure.
Procedural posture
Buyer purchased the debtor's property at a prepetition foreclosure auction. A memorandum of sale was executed on the same day of the auction, and the buyer paid the required deposit. Before the buyer recorded his deed, the debtor filed a chapter 13 case. The buyer moved for relief from the automatic stay in order to record a deed and to take possession of the property.
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Court
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Yules v. Gillis (In re Gillis)
Mar
26
2009
Ruling
Discharge properly revoked based on debtor's false statements at creditors' meeting and failure to disclose settlement.
Procedural posture
The Bankruptcy Court for the District of Massachusetts revoked a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and (2) and excepted the claim of a creditor from discharge pursuant to 11 U.S.C.S. § 523(a)(6). The debtor challenged the order.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Sawyer
Feb
24
2009
Ruling
Reaffirmation agreement that constituted an undue financial hardship on debtor could not be approved.
Procedural posture
A debtor filed a motion, pursuant to 11 U.S.C.S. § 524(m)(1), to approve a reaffirmation with a creditor covering the debtor's motor vehicle.
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Court
:
- 11 U.S.C.
In re Burbank
Feb
24
2009
Ruling
Debtors entitled to deduct payments on vehicle owned free and clear and mortgage on property intended for surrender.
Procedural posture
The chapter 13 trustee objected to confirmation of the above-median debtors' plan, asserting that the monthly payments proposed under the plan failed to meet the requirements of the means test, and the plan did not provide that all of the debtors' projected disposable income would be applied to plan payments, based on the debtors' deduction of expenses for motor vehicles and real property they would not actually be paying.
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Court
:
- 11 U.S.C.
In re Visnicky
Feb
19
2009
Ruling
Stay confirmed as terminated and reaffirmation agreement disapproved due to failure to rebut presumption of undue hardship.
Procedural posture
A creditor filed a motion to confirm that the automatic stay was terminated, pursuant to 11 U.S.C.S. §§ 362(d)(1) and 521(a)(6). The chapter 7 debtor requested court approval of his reaffirmation agreement with the creditor regarding the debtor's motor vehicle.
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Court
:
Tracey v. United States (In re Tracey)
Oct
02
2008
Ruling
Debtor's objection to IRS secured claim overruled.
Procedural posture
Debtors filed a joint petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service (IRS) filed a proof of secured claim in the amount of $ 57,014. The debtors filed an objection to the IRS' claim, alleging that the IRS had not perfected a tax lien. The Bankruptcy Court for the District of New Hampshire overruled the debtors' objection, and the debtors appealed.
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Court
:
Judge or Jurisdiction information not available
Morse v. Rudler (In re Rudler)
May
23
2008
Ruling
Deduction of secured payments in means test application was proper regardless of debtor's intent with regard to collateral.
Procedural posture
Appellant United States Trustee (UST) appealed the judgment of the Bankruptcy Court for the District of New Hampshire, which denied her motions to dismiss appellee debtors' chapter 7 cases for abuse under 11 U.S.C.S. § 707(b)(1).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Riley v. Sullivan (In re Sullivan)
May
09
2008
Ruling
Mortgage that remained unrecorded on petition date could be avoided.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendants, a chapter 7 debtor and a mortgagee, seeking a judgment determining the extent of defendants' interests in real property. The U.S. Bankruptcy Court for the District of Massachusetts found that the trustee could avoid a mortgage the debtor gave the mortgagee, pursuant to 11 U.S.C.S. § 544(a), that the mortgage became part of the debtor's bankruptcy estate. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available