- 11 U.S.C.
In re Tucker
Jun
25
2013
Ruling
Confirmation denied due to debtor's undervaluation of home.
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Court
:
Bozeman v. Sullivan (In re Sullivan)
May
29
2013
Ruling
Denial of discharge denied due to lack of intent to defraud creditors.
Procedural posture
Defendant debtor filed a chapter 7 bankruptcy case. Plaintiff creditor filed a complaint objecting to the debtor's discharge on the grounds that she fraudulently concealed property under 11 U.S.C.S. § 727(a)(2), made false oaths under § 727(a)(4) and failed to keep business records under § 727(a)(3).
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Court
:
- 11 U.S.C.
Williams v. American Educ. Serv. (In re Williams)
May
13
2013
Ruling
Student loan debt was nondischargeable due to debtor's failure to meet good faith prong of Brunner test.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against creditor, seeking a determination that student loan debt she owed was dischargeable under 11 U.S.C.S. § 523(a)(8). A creditor that held the debt was allowed to intervene, and the case was tried to the court.
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Court
:
- 11 U.S.C.
In re Crutchfield
Apr
26
2013
Ruling
Proof of claim conforming to Rule 3001 allowed over debtor's objection.
Procedural posture
A chapter 13 debtor filed objections to certain claims under 11 U.S.C.S. § 502(b)(1) as unenforceable under Georgia law due to failure to produce a document showing assignment of the claims to the claimants.
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Court
:
Williams v. IRS (In re Williams)
Mar
15
2013
Ruling
Debtors could not strip off IRS lien on home that was also partially secured by personal property.
Procedural posture
Plaintiff chapter 7 debtors filed an adversary proceeding against defendant Internal Revenue Service ("IRS"), seeking a determination that they were allowed under 11 U.S.C.S. § 506(d) to strip off a lien the IRS held on their home. The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
AB&T Natl Bank v. Goodwin (In re Goodwin)
Mar
15
2013
Ruling
Discharge denied due to fraudulent transfer of home to spouse one month prior to petition date.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(5) to have his debts discharged. The case was tried to the court.
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Court
:
In re Ray
Dec
07
2012
Ruling
Trustee's motion to extend time to object to discharge filed before expiration of erroneous extended bar date could be granted.
Procedural posture
A chapter 7 trustee filed a motion to extend time to file an objection to discharge pursuant to Fed. R. Bankr. P. 4004(b)(1).
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Court
:
- 11 U.S.C.
In re Charter Communs. Inc.
Aug
31
2012
Ruling
Dismissal of appeal of confirmation as equitably moot affirmed.
Procedural posture
A bankruptcy court confirmed the chapter 11 reorganization plan of appellees, a debtor and its affiliated debtors. Appellants, an indenture trustee and a shareholder, appealed the confirmation order. The United States District Court for the Southern District of New York dismissed the appeals under the doctrine of equitable mootness. Appellants filed an appeal.
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Court
:
Judge or Jurisdiction information not available
In re Smith
May
30
2012
Ruling
Failure of debtor's personal injury lawyers to turn over documents until subpoenaed was not grounds for sanctions.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion for an order requiring a law firm that represented the debtor in a personal injury action to disgorge fees it received, and requested sanctions in the form of payment of attorney's fees and expenses the trustee incurred to obtain information from the law firm.
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Court
:
In re Fachini
Feb
10
2012
Ruling
Involuntary case dismissed due to fabricated claim by petitioning creditor.
Procedural posture
Sua sponte, the court considered the matter of an involuntary chapter 7 petition filed under 11 U.S.C.S. § 303(b).
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Court
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