In re Jackson
May
20
2008
Ruling
Motion to close case denied where debtor owed payments to trustee for purchase of estate property.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a final report, asking the court to approve a distribution to creditors and to authorize a closing of the case. There were no objections to the final report filed by the creditors.
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Court
:
- 11 U.S.C.
In re Sheehan Mem. Hosp.
Oct
18
2007
Ruling
Claim for termination damages not in excess of contractual rate of annual compensation allowed without limitation.
Procedural posture
An employee filed an administrative claim in the debtor's chapter 11 bankruptcy case for national origin discrimination and for damages arising from the termination of her employment without notice.
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Court
:
- 11 U.S.C.
Wallach v. Brosnahan (In re Brosnahan)
Oct
05
2007
Ruling
Claim based on misconduct of debtor's attorney would properly belong to estate and could not be brought by individual debtor.
Procedural posture
Plaintiff in Intervention, a judgment creditor, asserted that defendant in intervention, a chapter 7 debtor's attorney, participated in various forms of deceit and collusion. The creditor based his claim for damages on N.Y. Jud. Ct. Acts Law § 487, and the attorney sought to dismiss the complaint for failure to state a cause of action.
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Court
:
- 11 U.S.C.
In re Ackerman
Aug
23
2007
Ruling
Dismissal for failure to file payment advices waived on trustee's motion where administration would benefit creditors.
Procedural posture
The chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 521(i)(4) to request that the court defer the automatic dismissal that would otherwise have occurred when a debtor failed to file payment advices or other evidence of wages received during the 60 days prior to a bankruptcy filing.
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Court
:
- 11 U.S.C.
In re Bonner
Aug
17
2007
Ruling
Debtor's case dismissed for failure to timely file payment advice despite good faith effort to comply.
Procedural posture
Movant, the chapter 7 trustee, asked the court to dismiss a chapter 7 petition filed by debtors, a married couple. The motion was based on debtors'alleged failure to comply with the requirement in 11 U.S.C. § 521(a)(1)(B)(iv) that they file copies of all evidence of payments received from any employer during the 60 days prior to the filing of their bankruptcy petition.
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Court
:
In Wojda
Jul
13
2007
Ruling
Failure to file all required payment advices did not warrant dismissal due to reflection of constant pattern of compensation and "year-to-date"figures encompassing 60-day period.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 13 and the court approved confirmation of his plan. Pending was a creditor's motion to dismiss the bankruptcy case. The dispute involved the substantive grounds for the dismissal of a bankruptcy case under 11 U.S.C. § 521(i), as well as the procedural requirements for consideration of a request for an order confirming this outcome.
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Court
:
In re Krotje
May
24
2007
Ruling
Deficiency established prepetition could be asserted as unsecured claim.
Procedural posture
After a debtor voluntarily surrendered certain collateral prior to the filing of his chapter 13 petition for bankruptcy relief, he objected to an unsecured claim for a deficiency on an automobile loan.
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Court
:
In re Doll
May
09
2007
Ruling
Waiver of filing fee granted where debtor voluntarily dismissed case due to failure to obtain required credit counseling.
Procedural posture
After debtor's lawyer prematurely filed a bankruptcy petition signed by debtor, which petition was then voluntarily dismissed by debtor on the basis that he had not yet satisfied the requirements in 11 U.S.C. § 109(h), debtor moved the court to waive payment of the filing fee per 28 U.S.C. § 1930(a). At issue was whether the court clerk, who was demanding payment of the filing fee, was entitled to collect the same under the facts.
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Court
:
- 11 U.S.C.
In re Giambrone
Mar
29
2007
Ruling
Debtors who were unable to obtain credit counseling prior to scheduled foreclosure sale were granted five day extention to fulfill requirement.
Procedural posture
The chapter 13 debtors filed a motion for a 30-day extension of time to complete the credit counseling requirement of 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
Cortese Bros. v. Christofaro (In re Christofaro)
Feb
02
2007
Ruling
Debtor's use of credit privileges granted by employer for purchases beyond monthly income or ability to repay rendered debt nondischargeable.
Procedural posture
Plaintiff creditor, the former employer of defendant debtor, sought a determination that its claim against the debtor was non-dischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt obtained by false pretenses, a false representation, or actual fraud.
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Court
: