- 11 U.S.C.
In re Garris
Sep
05
2013
Ruling
Bankruptcy court could not compel trustee to pay legal fees directly to debtors' attorneys pursuant to "assignment of rights" signed by debtor.
Issue(s)
Whether a bankruptcy trustee was allowed, under an "assignment of rights" chapter 13 debtors signed before their case was dismissed, to pay legal fees the debtors owed to their counsel instead of returning money he received from the debtors to the debtors.
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Court
:
In re Ortiz
Aug
20
2013
Ruling
Debtor's attorneys could not exclude routine matters such as attendance at §341 meetings from scope of representation.
Issue(s)
Could debtor's attorneys limit representation at §341 creditors meetings and hire appearance counsel for initial meeting.
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Court
:
- 11 U.S.C.
In re Wapshare
May
15
2013
Ruling
Wholly unsecured second lien was avoidable but creditor retained right to object to plan confirmation.
Procedural posture
A chapter 13 debtor asserted that a creditor with a second mortgage lien against the debtor's residence was unsecured based on the value of the residence, which provided no equity to which the creditor's lien could attach. The debtor moved to avoid the creditor's lien and to reclassify the creditor's claim as unsecured.
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Court
:
- 11 U.S.C.
Togut v. Deutsche Bank (In re Anthracite Capital Inc.)
May
09
2013
Ruling
Demand by defendants that documents be sealed as prerequisite to settlement of adversary proceeding was not grounds for granting motion to seal.
Procedural posture
In a joint motion filed by the chapter 7 trustee and defendants in adversary proceedings, the parties sought an order sealing several documents filed in the adversary proceedings and a settlement agreement among the parties.
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Court
:
- FRBP
In re Dumain
May
08
2013
Ruling
Secured creditors must file proofs of claim by bar date in chapter 13 cases.
Procedural posture
Chapter 13 debtor objected to the secured claim of creditor bank, alleging that the claim should be disallowed as late-filed pursuant to Fed. R. Bankr. P. 3002(c) because it was filed after the claims bar date.
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Court
:
In re Osborne
Mar
14
2013
Ruling
Debtor could not claim use of outdated credit counseling certificate was grounds to vacate trustee's motion to reopen to administer undisclosed assets.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code in November 2011 and received a discharge in March 2012. The court granted the chapter 7 trustee's motion to reopen the debtors' case to administer an asset not previously discovered, and the debtors filed a motion for an order vacating their discharge and dismissing their case, on grounds that they were ineligible to be debtors under 11 U.S.C.S. § 109(h).
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Court
:
In re Dynergy Inc.
Feb
15
2013
Ruling
Bankruptcy court abstained from determining if complaint in securities litigation included claim released in chapter 11 plan.
Procedural posture
A chapter 11 debtor filed a motion to enforce the court's order confirming a joint chapter 11 plan of reorganization. The debtor alleged that an amended complaint filed by the lead plaintiff in securities litigation pending in federal district court violated a paragraph of the confirmation order.
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Court
:
- 11 U.S.C.
In re Locascio
Nov
05
2012
Ruling
Motion to reopen dismissed case denied where trustee properly turned plan payments over to debtor despite garnishment.
Procedural posture
A chapter 13 trustee filed a motion to reopen a dismissed case to determine if funds paid to the debtor under 11 U.S.C.S. § 1326(a)(2) belonged to a creditor.
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Court
:
- 11 U.S.C.
Basile v. Spagnola (In re Spagnola)
Jun
18
2012
Ruling
Judgment based on debtor's willful creation of hostile work environment was nondischargeable.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against defendant debtor, seeking a determination that a judgment she obtained against the debtor in the U.S. District Court for the Southern District of New York was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Fraleigh
Jun
12
2012
Ruling
Objection to discharge denied based on debtor's failure to disclose live-in companion overruled where debtor relied on advice of counsel and contribution was minimal.
Procedural posture
The former spouse of a chapter 7 debtor objected to her discharge under 11 U.S.C.S. § 727(a)(4)(A), contending that she knowingly and fraudulently made a false oath or account by failing to disclose her live-in boyfriend's presence as a household member and his alleged contribution to the support of herself and her dependents on the means test and schedules.
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Court
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