- 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
:
- 28 U.S.C.
Messerlian v. A.O. Smith Corp.
Dec
29
2009
Ruling
State law claims "related to" debtor's bankruptcy remanded to avoid duplication of judicial efforts.
Procedural posture
After defendant manufacturer removed claims against it in four asbestos injury cases to federal court, plaintiffs alleged injured parties moved to remand the claims to state court and sought a discretionary award of attorneys' fees, under 28 U.S.C.S. § 1447(c).
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Court
:
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
:
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 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 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 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
:
- 11 U.S.C.
Rederford v. US Airways Inc.
Nov
19
2008
Ruling
Employee's ADA claim was discharged due to failure to respond to debtor's objection to relevant class of claims.
Procedural posture
Plaintiff former employee sued defendant airline, alleging that she was terminated in violation of the Americans with Disabilities Act. The airline then filed for chapter 11 bankruptcy protection. The employee's claim was disallowed after she failed to file a written response or request a hearing in response to the airline's objection to the class of claims that included her claim. The airline then moved to dismiss for failure to state a claim.
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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