- 11 U.S.C.
Belanger v. DeAngelis (In re Belanger)
Jan
28
2015
Ruling
Case dismissed for abuse where debtors had sufficient disposable income to fund a chapter 13 plan.
Issue(s)
Should discharge be denied for chapter 7 debtor's false statements under oath or should debtor's case be dismissed for abuse due to sufficient income to fund a chapter 13 plan?
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Court
:
- 11 U.S.C.
In re World Imps.
Sep
10
2014
Ruling
Claims for shipments made directly to debtor's customers were not entitled to administrative expense status.
Issue(s)
Were claims based on shipments made directly to debtor's customers entitled to administrative expense status?
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Court
:
- 11 U.S.C.
American Asset Fin. LLC v. Feldman (In re Feldman)
Jul
23
2014
Ruling
Debt based on conversion of creditor's property by debtor was nondischargeable.
Issue(s)
Was debtor's conversion of creditor's property willful and malicious conduct that would render the debt nondischargeable?
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Court
:
Stasen v. Sager (In re Sager)
Jun
05
2014
Ruling
Debt was nondischargeable due to wrongful taking of management fees from partnership fund and willful and malicious injury.
Issue(s)
Was debt based on debtor's improper taking and use of management fees from partnership fund nondischargeable?
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Court
:
In re Deitch
Mar
12
2014
Ruling
Objection to proof of claim based on case that ended in judgment of dismissal after settlement was barred by res judicata.
Issue(s)
Was debtor's objection to proof of claim based on case that ended in judgment of dismissal after settlement barred by res judicata?
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Court
:
- 11 U.S.C.
In re Alfaro
Nov
22
2013
Ruling
Confirmation denied due to bank's opposition to strip down of lien.
Issue(s)
Could confirmation be granted over bank's objection to strip-down of lien?
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Court
:
- 11 U.S.C.
American Asset Fin. LLC v. Feldman (In re Feldman)
Nov
06
2013
Ruling
Alleged misrepresentation regarding class action proceeds did not reflect debtor attorney's full financial worth was not grounds for nondischargeable debt.
Issue(s)
Were debtor attorney's alleged misrepresentations regarding proceeds of class action grounds for nondischargeability.
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Court
:
Upper Hanover Twp. v. T.H. Props. LP (In re T.H. Props. LP)
Oct
02
2013
Ruling
Transfers not made "under a plan confirmed" were subject to local taxation.
Issue(s)
Were "new value" transfers of real estate under confirmed plan, intended to avoid problems with absolute priority rule, taxable by local authorities.
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Court
:
- 11 U.S.C.
In re Nicholson Holdings Inc.
Jun
05
2013
Ruling
Case ordered converted due to evidence of defalcation.
Procedural posture
The United States trustee filed a motion to convert a debtor's chapter 11 case to a chapter 7 proceeding on the basis that the debtor failed to file monthly operating reports and pay quarterly fees.
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Court
:
- 28 U.S.C.
Mott v. Sallie Mae Servs. (in re Mott)
May
22
2013
Ruling
Proceeding to discharge student loan debt based on failure to receive promised education dismissed for lack of subject matter jurisdiction.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against creditor, seeking a determination that student loan debt he owed was dischargeable in bankruptcy. The creditor filed a motion to dismiss for lack of subject matter jurisdiction.
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Court
: