- 11 U.S.C.
Yelin v. Yelin (In re Yelin)
Feb
23
2006
Ruling
Court denied summary judgment on a motion to deny the debtor discharge since a genuine issue of material fact on whether the debtor's statements and omissions in schedules were materially misleading.
Procedural posture
In an adversary proceeding, plaintiff sought (a) denial of defendant debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) (discharge claim) and (b) an exception to discharge of plaintiff's claims pursuant to 11 U.S.C. § 523(a)(2)(A) (dischargeability claim). Before the court was plaintiff's motion for partial summary judgment filed in an adversary proceeding within a chapter 7 case. The motion was limited to the discharge claim.
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Court
:
- FRBP
Merrill v. Texas Guaranteed Student Loan Corp. (In re Merrill)
Feb
17
2006
Ruling
Court was not obliged to conduct a hearing where it decided that the debtor's papers were insufficient to carry the debtor's burden of proving undue hardship.
Procedural posture
Plaintiff chapter 7 debtor brought an adversary proceeding against defendant creditor, seeking a finding of undue hardship and an order discharging her student loans pursuant to 11 U.S.C. § 523(a)(8). After the bankruptcy denied the debtor's summary judgment motion, she filed a motion for no ex parte proceedings and a motion for a protective order regarding ex parte proceedings.
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Court
:
- 11 U.S.C.
Riley v. Tougas (In re Tougas)
Feb
14
2006
Ruling
Court deemed a trust res for which a debtor exercised much control to be part of the debtor's estate.
Procedural posture
Pending were Cross-Motions for Partial Summary Judgment on Counts I, II, III, XIII of a complaint filed by plaintiff chapter 7 trustee against defendants, debtor individually and as trustee of a family trust, an investment company, and a trust beneficiary. The trustee sought four forms of relief, including a declaration that certain property held by debtor individually or as trustee was property of the estate pursuant to 11 U.S.C. § 541.
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In re Indus. Commer. Elec. Inc.
Feb
14
2006
Ruling
Court denied a motion to approve a settlement since the movants'proposed order required the dismissal of an action filed by the IRS in another court.
Procedural posture
Movants, the debtors, a bank, and the official committee of unsecured creditors, sought entry of an order pursuant to 11 U.S.C. § 105(a), for approval of a settlement reached between the three moving parties. The IRS objected to the motion on several grounds, including the fact that the settlement would preclude the IRS from proceeding against the bank in a related district court proceeding.
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Court
:
- 11 U.S.C.
Jalbert v. M.G.E. UPS Sys. (In re CGI Liquidation Inc.)
Feb
13
2006
Ruling
Corporation was denied partial summary judgment in a transfer avoidance action since the corporation failed to show that the payment from debtors was less than it would have been entitled to receive under chapter 7 and, thus, not preferential.
Procedural posture
Plaintiff, the liquidating supervisor of the consolidated debtors, filed an adversary proceeding seeking a return of three alleged preferential payments to defendant corporation. The corporation denied that the payments were avoidable preferences and filed a motion for partial summary judgment seeking judgment on one of the payments.
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Court
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In re Abbott
Feb
13
2006
Ruling
Servicer of a creditor's mortgage was denied claim for additional prepetition arrearages since that claim had been addressed in prior confirmed plans.
Procedural posture
The debtor filed a motion to obtain a determination that the prepetition arrearage that was owed to the creditor had been paid in full. The creditor was the holder of the first mortgage on the debtor's residence. The creditor objected to the motion, on the grounds that the debtor continued to owe an additional amount of prepetition arrearage.
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Court
:
- 11 U.S.C.
In re Southcoast Express Inc.
Feb
13
2006
Ruling
Court ruled that the automatic stay did not apply to a lease terminated prepetition by the expiration of the lease term, but an evidentiary hearing was needed to determine if the lease was properly terminated.
Procedural posture
A lessor of a commercial property contended that it terminated a bankruptcy debtor's lease of the property before the debtor filed its bankruptcy petition, and thus the automatic bankruptcy stay did not bar the lessor's eviction action under 11 U.S.C. § 362(b)(10). The lessor moved for an order determining that the bankruptcy stay did not apply or granting relief from the stay.
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Court
:
- 11 U.S.C.
Paul v. Suffolk Univ. (In re Paul)
Feb
08
2006
Ruling
Single mother of three debtor was denied discharge of student loan debt based on undue hardship since the debtor could increase income based on education level, obtain child support, and work with the offered reasonable repayment plan.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant, a student loan corporation, to obtain a discharge of the debtor's student loan obligation, pursuant to 11 U.S.C. § 523(a)(8), on the grounds that repayment would impose an undue hardship on the debtor and her family. After a trial, the court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Lorenz v. American Educ. ServicesPennsylvania Higher Educ. Assistance Agency (In re Lorenz)
Feb
01
2006
Ruling
Judgment discharging student loan debt based on undue hardship was reversed because the debtor had not demonstrated a financial inability to repay when considering the income of the debtor's household, which included the debtor's domestic partner.
Procedural posture
Appellee bankruptcy debtor brought an adversary proceeding against appellant creditor seeking a determination that the debtor's student loan debt to the creditor was dischargeable based on undue hardship under 11 U.S.C. § 523(a)(8). The creditor appealed the Bankruptcy Court for the District of Massachusetts's judgment, which discharged the debt.
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- 11 U.S.C.
Mullen v. Kalil (In re Mullen)
Feb
01
2006
Ruling
Debtor's action to avoid transfers to the debtor's former husband was time barred since the action was already disclosed in the debtor's discharged chapter 7 case and could not be revived by reopening the case and converting to chapter 11.
Procedural posture
Plaintiff debtor sued defendant former husband alleging that the transfers of a lease and a business were avoidable as fraudulent transfers under 11 U.S.C. § 548, the transfers of the lease and the business were avoidable under 11 U.S.C. § 544(b), the transfers of the lease and the business were avoidable preferences under 11 U.S.C. § 547(b). The former husband filed a motion for summary judgment.
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Court
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