Marcantonio v. Abott (In Abott)
Mar
25
2010
Ruling
Liquidation of assets of LLC of which debtor was sole member was not grounds for denial of discharge.
Procedural posture
Plaintiff ex-girlfriend filed a nine-count complaint against defendant Chapter 7 debtor. The ex-girlfriend filed a motion for summary judgment pursuant to Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056 with respect to count five, alleging that she had an equitable interest in the debtor's residence, and counts seven and eight, seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and (a)(3).
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Court
:
- 11 U.S.C.
In re Pelkey
Mar
25
2010
Ruling
Above-median debtors entitled to vehicle ownership expense deductions for autos owned free and clear.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors' plan. At issue was whether the above-median chapter 13 debtors, who did not have any actual auto loan or lease payments for their two vehicles, could nonetheless deduct the amounts shown in the IRS Standards for vehicle ownership expense in calculating the amount of projected disposable income, under 11 U.S.C.S. § 1325(b)(3).
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Court
:
- 11 U.S.C.
In re Patterson
Mar
19
2010
Ruling
Debtor not entitled to reinstatement of insurance policy cancelled prior to petition date.
Procedural posture
Before the court was debtor's motion which appeared to seek (1) reinstatement of a cancelled automobile insurance policy with the insurer, and (2) a discharge of the amount due under a renter's insurance policy with the insurer, or in the alternative, reinstatement of a previous renters insurance policy. No written objection to the motion was filed, and the insurer did not appear at the hearing to contest the motion.
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Court
:
- 11 U.S.C.
Adams v. Inzero (In re Inzero)
Oct
21
2009
Ruling
Gambling addiction provided sufficient explanation for missing funds to rebut trustee's objection to discharge.
Procedural posture
Plaintiff, the United States trustee, brought a claim opposing the debtor's entitlement to a discharge, pursuant to 11 U.S.C.S. § 727(a)(5). The trustee alleged that the debtor failed to satisfactorily explain the loss of over $ 100,000 in a deficiency of assets to meet his liabilities, and thus had forfeited his right to obtain a discharge of his debts.
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Court
:
Katz v. Deedon (In re Deedon)
Oct
15
2009
Ruling
Motion for denial of discharge denied where debtor did not make deliberate efforts to conceal property.
Procedural posture
In this adversary proceeding, plaintiff, the chapter 7 Trustee, sought to deny the debtor his bankruptcy discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(A), 727(a)(2)(B), and 727(a)(4)(A).
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Court
:
- 11 U.S.C.
Rhodes v. Connecticut Student Loan Found. (In re Rhodes)
Oct
08
2009
Ruling
Student loan debt was not dischargeable where debtor used proceeds to pay living expenses and never made good faith effort to pay.
Procedural posture
In an adversary proceeding, the debtor sought a determination that his student loans were dischargeable as imposing an undue hardship under 11 U.S.C.S. § 523(a)(8), on grounds that repayment would impose an "undue hardship." The parties agreed that the total student loan balance was $ 31,515.
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Court
:
- 11 U.S.C.
In re D Hertogh
Aug
28
2009
Ruling
Legal malpractice action against debtor's former bankruptcy attorney that accrued postpetition was not property of the estate and could be abandoned to debtors.
Procedural posture
The chapter 7 trustee gave notice of intent to abandon to the debtors any interest the bankruptcy estate may have in any bankruptcy related malpractice claim by the debtors against their former bankruptcy attorney. The former bankruptcy attorney filed an objection to the trustee's notification. The only issue was whether the malpractice action was the property of the estate of the debtors.
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Court
:
- 11 U.S.C.
In re Hall
Apr
15
2009
Ruling
Claim based on default judgment obtained via improper abode service on debtor disallowed.
Procedural posture
A chapter 13 debtor objected to a creditor's proof of claim on a default monetary judgment in a state court action.
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Court
:
Cordier v. Plains Commerce Bank (In re Cordier)
Mar
26
2009
Ruling
Inclusion of debtor's full social security number on proof of claim was not grounds for sanctions.
Procedural posture
Chapter 13 debtor sued creditor, objecting to a proof of claim, and alleging violations of the Gramm-Leach-Bliley Act, 15 U.S.C.S. § 6801 et seq., Conn. Gen. Stat. § 42-470, and Fed. R. Bankr. P. 9037, as well as an invasion of privacy. The complaint was based solely on the creditor's failure to redact her social security number from the proof of claim. The creditor moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
Bayview Loan Servicing LLC v. ECOS Ctr. LLC (In re EOS Ctr. LLC)
Mar
24
2009
Ruling
Relief from stay to foreclose granted where property was not necessary to an effective reorganization.
Procedural posture
Creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(a), in order to foreclose its interest in debtor's real property.
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Court
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