- 11 U.S.C.
Sensenich v. Ledyard Natl Bank (In re Campbell)
Dec
24
2008
Ruling
Creditor's destruction of estate property was a willful violation of stay.
Procedural posture
Plaintiffs debtor and trustee sued defendant creditor alleging violation of 11 U.S.C.S. § 362(a)(3). The second count alleged that the creditor's actions in destroying estate property were willful violations of the automatic stay, which entitled plaintiffs to punitive damages under § 362(k). Plaintiffs also sought a remedy under the court's civil contempt powers. Pending were the creditor's summary judgment motion and plaintiffs'cross-motions.
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Court
:
- 11 U.S.C.
In re R&G Properties Inc.
Nov
21
2008
Ruling
Receiver in foreclosure action was not entitled to extension of exemption from turnover requirements once term of original order expired.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and movant creditor filed an emergency motion seeking an order extending the bankruptcy court's order excusing a receiver who was appointed in a pre-petition state court foreclosure action from the turnover requirements of 11 U.S.C.S. § 543. The debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re Carpenter
Jun
26
2008
Ruling
Premium due auctioneer not disclosed by trustee in application for employment appropriately charged against trustee's compensation.
Procedural posture
The chapter 7 trustee moved to modify, nunc pro tunc, the application to employ an auctioneer previously filed in the case, asserting that he had neglected, through inadvertence, to disclose to the court that an additional 10 percent buyer's premium was collected at the auctions and retained by the auctioneer as enhanced compensation pursuant to 11 U.S.C.S. § 330(a)(1).
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Court
:
In re Munzberg
Jun
03
2008
Ruling
Negative equity in vehicle was not part of PMSI and could be bifurcated.
Procedural posture
Bankruptcy debtors' chapter 13 plan proposed to pay a creditor secured by the debtors' vehicle the value of the vehicle, and to cram down the balance of the amount owed to the creditor as general unsecured debt. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation of its secured claim was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
:
In re Porter
Feb
08
2008
Ruling
Debtor could not preserve otherwise undisclosed prepetition causes of action that would not be pursued until after confirmation.
Procedural posture
In two chapter 13 cases, the debtors' plans contained a provision that purported to preserve a broad range of not-yet-ripe causes of action against unidentified parties. In both cases, the language of the provision was identical and a creditor objected. The court confirmed both plans, with the caveat that adjudication of the objections could result in the controversial provision being modified or stricken.
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Court
:
- 11 U.S.C.
Santamassino v. New Jersey Higher Educ. Student Assistance Auth. (In re Santamassino)
Aug
23
2007
Ruling
Detbor who was sole, unpaid, round-the-clock caretaker for chronically ill mother entitled to undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for a discharge of the student loan obligation that the debtor owed to the creditor, pursuant to 11 U.S.C. § 523(a)(8). The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Leahy
Jul
03
2007
Ruling
Contributions to retirement account which were less than 15% of income were excluded from the estate.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 7. The chapter 7 trustee filed an objection to the debtors'claim of exemptions, asserting that contributions the wife made to a retirement account within one year of the date the debtors filed their petition were assets of the estate under Vt. Stat. Ann. tit. 12, § 2470(16). The trustee sought an order requiring the wife to turn over that money.
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Court
:
- 11 U.S.C.
King v. Student Assistance Corp.
May
11
2007
Ruling
Debtor with severe post-traumatic stress disorder entitled to undue hardship discharge of student loan debt.
Procedural posture
Plaintiff chapter 7 debtor initiated an adversary proceeding against defendant student loan lenders for a determination of whether his student loans could be discharged in bankruptcy pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 28 U.S.C.
In re Markison
Apr
23
2007
Ruling
Reconsideration of fee waiver denied as trustee failed to inquire about possible tax refund at creditors'meeting.
Procedural posture
Movant, a chapter 7 trustee, sought reconsideration of the court's prior order denying his first motion to reconsider an order granting a fee waiver to a chapter 7 debtor under 28 U.S.C. § 1930(f)(1). At issue was whether the trustee had identified new evidence affecting the propriety of the waiver that was unavailable when the waiver was originally granted as well as any effect on the issues of Interim Fed. R. Bankr. P. 1006(b)(2).
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Court
:
- 11 U.S.C.
In re McFeeley
Feb
23
2007
Ruling
Stay in debtor's second chapter 13 case terminated as to debtor and debtor's property but not as to property of the estate.
Procedural posture
Chapter 13 debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(c)(3)(B).
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Court
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