In re Bromstead
Nov
17
2006
Ruling
Pre-acquisition judgement lien was not avoidable as impairing exemption so that prior avoidance ruling was reversed on reconsideration.
Procedural posture
Bankruptcy debtors filed a petition for relief under chapter 13 of the Bankruptcy Code. They claimed a homestead exemption with respect to their residence and were granted relief under 11 U.S.C. § 522(f) to avoid the liens of three outstanding judgments. Movant judgment creditor sought reconsideration of the order which avoided the lien of her judgment as against the homestead of the debtors.
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Court
:
- 11 U.S.C.
In re Gorrenflo
Sep
22
2006
Ruling
Right to repudiate transfer of property, of which debtor learned post-petition, was property of the estate and could only be exercised by trustee.
Procedural posture
After movant debtor moved for the reopening of her bankruptcy case, she filed a motion under 11 U.S.C. § 554(b) to compel a bankruptcy trustee's abandonment of any interest in certain real property.
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Court
:
- 11 U.S.C.
In re Moser
Aug
07
2006
Ruling
Attorney's failure to timely forward debtor's tax returns to trustee was beyond debtor's control and not grounds for dismissal.
Procedural posture
Movant trustee filed a motion to dismiss respondent debtors'chapter 7 bankruptcy case.
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Court
:
- 11 U.S.C.
Milner v. Milner
Aug
01
2006
Ruling
Child support arrears and auto lease and transportation expense reimbursements owed to former spouse were nondischargeable but claims in the nature of property distribution were discharged.
Procedural posture
Plaintiff ex-wife filed an adversary complaint seeking a judgment and a declaration that defendant debtor's obligations under a judgment of divorce were non-dischargeable in bankruptcy, pursuant to 11 U.S.C. § 523(a)(5). The ex-wife sought child support arrears, attorneys'fees, reimbursement for mortgage and automobile lease payments, and restitution for the unauthorized sale of an automobile.
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Court
:
- 28 U.S.C.
In re Burr
Jun
02
2006
Ruling
Debtor's motion to waive filing fee requirement was denied since debtor failed to show inability to pay fee in installments.
Procedural posture
Debtor filed a pro se petition for chapter 7 bankruptcy relief. With her petition, she moved for a waiver of the applicable filing fee.
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Court
:
- 11 U.S.C.
Heyer v. Conesus Milk Producers Coop. Assn (In re Clayson)
Mar
24
2006
Ruling
Receipt of funds from a cattle auction was deemed not preferential since the security interest in debtor's cattle was deemed perfected prior to preference period.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor as preferential under 11 U.S.C. §§ 547 and 550. The trustee contended that the creditor failed to perfect its security interest in the debtor's cattle, and its receipt of funds from an auction of such cattle constituted a preference.
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Court
:
Belton v. Educ. Credit Mgmt. Corp. (In re Belton)
Feb
14
2006
Ruling
Collection costs associated with a student loan debt previously deemed nondischargeable was also deemed nondischargeable.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court previously ruled that the debtor had failed to prove undue hardship. The only issue was whether the collection costs were also nondischargeable, even though the creditor chose not to claim these collection costs for purposes of a distribution in chapter 13.
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Court
:
- 11 U.S.C.
Davis v. Educ. Credit Mgmt. Corp. (In re Davis)
Jan
17
2006
Ruling
Some of student loan debt was discharged as undue hardship, but the remaining portion was deemed not dischargeable and within the debtor's means to repay.
Procedural posture
Plaintiff debtor commenced the present adversary proceeding against defendant creditor for a declaration that her student loan was dischargeable pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Bartholomew
Dec
30
2005
Ruling
Court denied the debtor's application to not have to submit certain required payment advices but with leave for the debtor to request a determination that the proceeding was not subject to automatic dismissal for failure to submit all required information.
Procedural posture
Debtor filed an application to waive the submission of some of the payment advices that he received during the sixty days prior to his bankruptcy filing. He asked that the motion be granted without a hearing. Because debtor's chapter 13 bankruptcy case was commenced after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the case was subject to the Act's provisions.
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Court
: