- 11 U.S.C.
In re Jones
Apr
15
2016
Ruling
Motion for sale of debtor's property free and clear only of the interests of taxing authorities and the first mortgagee granted.
Issue(s)
Should chapter 7 trustee be granted authorization to conduct the auction sale of an over- encumbered parcel of real property?
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Court
:
- 11 U.S.C.
In re Birch Grove Landscaping & Nursery Inc.
Mar
28
2016
Ruling
Authority to use cash collateral denied.
Issue(s)
Should debtor in possession be granted authority to use cash collateral for the purpose of making payment on account of the principal owed to the holder of a second lien over objection from the first lienor?
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Court
:
Horwitz v. Montroy (In re Select Tree Farms Inc.)
Jul
17
2015
Ruling
Trustee's recovery from attorney, as initial transferee of postpetition assets, limited to payments the attorney made to himself.
Issue(s)
What is the extent to which an attorney has become an initial transferee of funds deposited into his trust account from the post-petition assets of a chapter 11 debtor?
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Court
:
In re Arch Hospitality Inc.
Apr
30
2015
Ruling
Debtors' motion to sell property free and clear of all liens denied absent express consent from secured creditors.
Issue(s)
Whether 11 U.S.C. § 363(f) allows the proposed sale outside the ordinary course of the debtor's business free and clear and without the formality of a confirmed plan of reorganization?
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Court
:
- 28 U.S.C.
Schroeder v. HSBC Bank U.S.A. N.A. (In re Schroeder)
Apr
02
2015
Ruling
Bankruptcy court had jurisdiction to determine lien on property acquired postpetition.
Issue(s)
Whether the court could exercise jurisdiction to determine the existence of a lien on property that debtor acquired after the filing of a petition for relief under chapter 13.
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Court
:
- 11 U.S.C.
DYouville College v. Girdlestone (In re Leonard P.)
Feb
10
2015
Ruling
Tuition obligation was dischargeable where debtor never executed a note or received cash distributions.
Issue(s)
Does the mere obligation to pay tuition constitute a loan that is non-dischargeable subsequent to BAPCPA?
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Court
:
Al-Naji v. Al-Naji (In re Al-Naji)
Oct
30
2014
Ruling
Debt was nondischargeable due to fiduciary defalcation based on debtor's personal use of corporate funds.
Issue(s)
Was debt based on debtor's personal use of corporate funds nondischargeable due to fiduciary defalcation?
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Court
:
- 11 U.S.C.
In re Valentine
Jul
11
2014
Ruling
Debtor entitled to exemption in Canadian pension funds.
Issue(s)
Under what circumstances may a debtor exempt a retirement account that is not qualified under the Internal Revenue Code of the United States?
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Court
:
In re Chaffee
Jul
01
2014
Ruling
Objection to proof of claim sustained on reconsideration due to mortgage creditor's improper inclusion of daily interest in addition to late charges.
Issue(s)
Whether a "simple daily interest" method of calculation violated state limitations on late charges and debtor's objection to the proof of claim should be sustained on reconsideration?
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Court
:
- 11 U.S.C.
In re Bradigan
Oct
29
2013
Ruling
Debtor entitled to exemption in one half of equity in property held by the entireties with non- debtor spouse.
Issue(s)
Where debtor and his non-debtor spouse owned their residence as tenants by the entirety, whether he properly claimed an exemption under 11 U.S.C.S. § 522(d)(1) in one half of the equity in the property or whether he should have valued his interest as the full amount.
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Court
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