- 11 U.S.C.
Stalnaker v. Stalnaker (In re Stalnaker)
Jun
16
2009
Ruling
Attorneys' fees, but not underlying judgment debt, were nondischargeable as awarded due to willful or malicious injury.
Procedural posture
Chapter 7 debtor's sister sought a determination, pursuant to 11 U.S.C.S. § 523(a)(4) and (6), that a judgment debt and related attorneys' fee award were nondischargeable. The sister moved for summary judgment.
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Court
:
- 11 U.S.C.
Southwest Ga. Farm Credit ACA v. Breezy Ridge Farms Inc. (In re Breezy Ridge Farms Inc.)
May
29
2009
Ruling
Debts of corporate chapter 12 debtor could be excepted from discharge.
Procedural posture
Plaintiff creditor filed a complaint alleging the nondischargeability of certain debts pursuant to 11 U.S.C.S. §§ 523(a)(2), (4), (6), and 1228(b). Defendant filed a motion to dismiss for failure to state a claim.
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Court
:
- 11 U.S.C.
Mitchell v. IRS (In re Mitchell)
May
13
2009
Ruling
Tax debt was dischargeable absent evidence of willful evasion.
Procedural posture
This matter came before the court on plaintiff debtor's complaint to determine the dischargeability of certain tax liabilities pursuant to 11 U.S.C.S. § 523(a)(1)(B). Defendant was the United States.
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Court
:
- 11 U.S.C.
Adams v. Marwil (In re Bayou Group)
May
01
2009
Ruling
Bankruptcy court did not err in refusing to appoint chapter 11 trustee absent justification for replacing court appointed receiver and manager.
Procedural posture
Appellant U.S. Trustee appealed from the judgment of the United States District Court for the Southern District of New York, affirming a decision of the bankruptcy court , which had rejected the trustee's petition under 11 U.S.C.S. § 1104 to appoint a trustee to manage the debtor. Prior to the bankruptcy, the district court had appointed appellee receiver to manage debtor.
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Court
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Judge or Jurisdiction information not available
In re Campbell
Mar
25
2009
Ruling
Relief from stay granted to allow undersecured creditor to sell vehicle.
Procedural posture
A creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d)(2), in the debtors' chapter 11 bankruptcy case for the limited purpose of selling a car.
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Court
:
- 11 U.S.C.
In re Hegwood
Jan
20
2009
Ruling
Bankruptcy petition preparer sanctioned and enjoined from filing or preparing petitions due to omissions and fee violations.
Procedural posture
United States trustee filed a motion against bankruptcy petition preparer and agency owner, alleging violations of 11 U.S.C.S. § 110 and seeking a fine against the preparer of $ 6,500 and a reimbursement to the debtors of $ 289 in fees.
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Court
:
- 11 U.S.C.
In re Simmons
Jul
31
2008
Ruling
Mortgage creditor not entitled to relief from stay due to failure to keep accurate records of debtor's account.
Procedural posture
Creditor, which held a mortgage on the debtors' home, filed a motion for relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Bullock
Apr
21
2008
Ruling
Bankruptcy petition preparer sanctioned for multiple violations.
Procedural posture
The United States Trustee filed a motion against a bankruptcy petition preparer (BPP) who prepared documents for filing with the court in a debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 110(a)(1). The trustee asked that the preparer be fined, be required to reimburse the fees by the debtor, and that an injunction should issue.
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Court
:
- 11 U.S.C.
In re Cox
Nov
29
2007
Ruling
Incarcerated debtor was not exempt from financial management course requirement.
Procedural posture
Shortly after bankruptcy debtors filed a joint chapter 7 bankruptcy petition, one debtor was incarcerated and the other debtor completed a financial management course as required by 11 U.S.C. § 727(a)(11) to receive a chapter 7 discharge. The debtors moved to exempt the incarcerated debtor from the requirement for the financial management course.
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Court
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In re Saunders
Oct
01
2007
Ruling
Debtor was ineligible under chapter 12 as loans for car dealership secured by farmland did not arise out of farming operation.
Procedural posture
A debtor filed for relief under chapter 12 and submitted a proposed plan. Two creditors objected to confirmation of the plan, alleging in part, that the debtor was not eligible for chapter 12 relief. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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