In re Bell
Nov
13
2014
Ruling
Annual escrow disclosure and statement of balance owed on mortgage did not violate stay.
Issue(s)
Were a bank's mailings of an annual escrow statement and mortgage statement violations of the automatic stay?
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Court
:
- 11 U.S.C.
In re Howe Farms LLC
Oct
16
2014
Ruling
Confirmation of plan proposing cram down of interest rate and payment of loan as long-term debt with twelve-year amortization and seven-year balloon payment denied.
Issue(s)
Could chapter 12 debtors' plan be confirmed over creditor bank's objection?
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Court
:
In re Hall
Sep
26
2014
Ruling
Damages for stay violations awarded in reduced amount due to failures by debtor's attorneys to file § 329(a) statements.
Issue(s)
What impact did debtor's attorneys' failure to comply with § 329(a) have on the amount of attorneys' fees recoverable for a willful stay violation?
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Court
:
- 11 U.S.C.
In re ES2 Sports & Leisure LLC
Sep
11
2014
Ruling
Lessor of exercise equipment not entitled to an administrative expense claim for trustee's use of the equipment in process of operating debtor's country club.
Issue(s)
Was lessor of exercise equipment entitled to an administrative expense claim for trustee's use of the equipment in process of operating debtor's country club?
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Court
:
- 11 U.S.C.
Cottini v. Blanchard (In re Blanchard)
Aug
22
2014
Ruling
Less than stellar record-keeping from which debtor's financial condition could still be ascertained was not grounds for dismissal.
Issue(s)
Should case be dismissed due to debtor's failure to keep adequate records?
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Court
:
Redfield v. Waite (In re Waite)
Aug
22
2014
Ruling
Discharge denied due to debtor's concealment of assets.
Issue(s)
Should discharge be denied due to debtor's failure to disclose assets?
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Court
:
- 11 U.S.C.
McMurray v. Lagano (In re Lagano)
Jul
11
2014
Ruling
Debt was dischargeable where creditor failed to establish ownership of property it claimed debtor had converted.
Issue(s)
Was creditor who had entered into an automobile repair business with the debtor entitled to a nondischargeable claim based on conversion of his property by the debtor?
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Court
:
In re Barksdale
Jul
10
2014
Ruling
Debtors could avoid judgment liens that impaired their homestead exemption but could not avoid liens on adjacent non-homestead property.
Issue(s)
Were debtors entitled to a homestead exemption in their residence and an adjacent parcel?
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Court
:
- 11 U.S.C.
Henri v. Wheeler (In re Wheeler)
Jun
09
2014
Ruling
Debt was nondischargeable based on debtor's failure to hold insurance proceeds in escrow as promised and converting them to own use.
Issue(s)
Should debt be held nondischargeable due to debtor's failure to hold insurance proceeds in escrow as promised and converting them to her own use?
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Court
:
- 11 U.S.C.
In re Voll
Jun
06
2014
Ruling
Debtors awarded attorneys' fees for tax department's continuation of wage garnishment in violation of stay.
Issue(s)
Were debtors entitled to emotional distress damages and attorneys' fees due to taxing authority's willful violation of the automatic stay by continuing wage garnishment?
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Court
: