LLC
Oct
04
2024
Ruling
Committee of unsecured creditors' complaint did not allege facts that would establish that a debtor was a mere conduit for avoidance purposes. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.
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Carpenter, In re
Sep
30
2024
Ruling
Attorney's application for fees was excessive as his invoice contained many entries that did not reflect a proper delegation of duties, excessive amounts billed to tasks, and non-billable administrative tasks. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Full-Compliance Discharge.
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Court
:
- 11 U.S.C.
James Pine & Son Trucking LLC, In re
Sep
27
2024
Ruling
Debtor offered no argument why the valuation standards under § 506 were not appropriate in a Subchapter V case. (Bankr. D.N.J.)
Issue(s)
Determination of Secured Status.
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Court
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In re Maritas, International Unions, Sec., Police and Fire Pros. of Am. v. Maritas
Sep
27
2024
Ruling
Creditors were entitled to relief from the automatic stay to proceed with litigation that would consolidate the resolution of all claims and parties in their respective forums. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Iacovazzi, In re--SnowWolf v. Iacovazzi
Sep
26
2024
Ruling
Plaintiff's complaint alleged sufficient facts to support non-dischargeability and breach of contract claim based on defendant's intentional misrepresentation of using non-existent business entity. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
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Koger, In re--Usoroh v. Koger
Sep
09
2024
Ruling
Buyer was entitled to relief from the bankruptcy stay to gain possession of Chapter 7 debtor's home purchased in a sheriff's sale as debtor lacked any legal or equitable interest in property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Plevyak, In re
Sep
06
2024
Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.
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Court
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Shelby, In re
Sep
04
2024
Ruling
Court concluded that a Chapter 7 debtor who has received a discharge may convert to Chapter 13 but the discharge should be set aside upon conversion. (Bankr. E.D. Mo.)
Issue(s)
Conversion; By the Debtor.
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Court
:
- 11 U.S.C.
Smith, In re
Sep
03
2024
Ruling
Debt was nondischargeable as debtor willfully and maliciously converted receivables that belonged to another. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
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Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)
Aug
27
2024
Ruling
Transferee was granted summary judgment on preferential transfer claims where a portion of the alleged preferential transfers was made according to ordinary business terms in the industry. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance.
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