- 11 U.S.C.
In re Meyers
Apr
06
2006
Ruling
Debtor was granted motion for sanctions against creditor for violating discharge injunction by continuing to call debtor multiple times to attempt to collect.
Procedural posture
Movant Chapter 7 debtor sought monetary sanctions against respondent creditor for its alleged willful violation of a discharge injunction. The bankruptcy court held a hearing on the motion.
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Court
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In re Uzialko
Mar
29
2006
Ruling
Debtor's motion to compel IRS to consider debtor's offer-in-compromise rather than proceed under plan confirmation process was denied.
Procedural posture
Movant chapter 13 debtors filed a motion to compel respondent United States, on behalf of its agency, the IRS to consider an offer-in-compromise submitted by the debtors during the pendency of their bankruptcy case. The court held a hearing on the motion
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Court
:
- 11 U.S.C.
Cozzone v. Ingui (In re Ingui)
Mar
10
2006
Ruling
Default judgment was deemed dischargeable since the creditor did not demonstrate that the debtor had willfully and maliciously caused or intended to cause injury to the debtor.
Procedural posture
Adversary plaintiff, a judgment creditor of defendant debtor, sought to have the default judgment for $3.8 million he had secured in a state court excepted from the debtor's discharge pursuant to 11 U.S.C. § 523(a)(6).
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Court
:
In re Savoie
Mar
09
2006
Ruling
Court affirmed ruling that the debtors'$15,000 expenditure for private school tuition for their daughter constituted a substantial abuse of chapter 7.
Procedural posture
Before the court was debtors'motion pursuant to Fed. R. Civ. P. 59(e) for reconsideration of the court's order granting the motion of the trustee to dismiss their chapter 7 case for substantial abuse pursuant to 11 U.S.C. § 707(b).
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Miller v. MBM Corp. (In re Ameriking Inc.)
Mar
02
2006
Ruling
Trustee was denied a motion to further amend a transfer avoidance action complaint on procedural grounds and since the proposed new cause of action was barred by Code section 549(d)'s two-year limitations period.
Procedural posture
Plaintiff chapter 7 trustee filed an original complaint seeking recovery from defendant transferee of eight alleged transfers aggregating $1,222,901 under 11 U.S.C. §§ 547, 548, 502(d) and 550. The amended complaint asserted the same claims as the original complaint, but added a new two-page exhibit "B," detailing 56 apparently additional transfers totaling $4,959,980. The trustee moved for leave to file a second amended complaint.
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Court
:
- 11 U.S.C.
In re Ellis
Feb
24
2006
Ruling
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
Procedural posture
Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
In re DiPinto
Jan
30
2006
Ruling
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
Procedural posture
Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).
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Court
:
Gruver v. United States Dept of the Treasury (In re Gruver)
Jan
20
2006
Ruling
Debtors failed to show that the IRS had intentionally violated the automatic stay since the IRS reversed its offsetting of the debtors' refund against a prior tax liability once it became aware of the bankruptcy case.
Procedural posture
Plaintiffs, joint bankruptcy debtors, brought an adversary proceeding against defendant United States, alleging that the government violated the automatic bankruptcy stay by offsetting the debtors'income tax refund against the prior tax liability of one of the debtors.
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Court
:
- 11 U.S.C.
In re Goodell
Jan
04
2006
Ruling
Trustee's motion to dismiss the debtor's chapter 13 case was granted since the debtor did not fully fund the IRS's priority claim or provide enough for unsecured creditors in the debtor's plan.
Procedural posture
Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to dismiss the case. Debtor objected to a proof of claim filed by creditor IRS.
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Court
:
- 11 U.S.C.
Klayman v. United States (In re Klayman)
Oct
21
2005
Ruling
Old tax liability was deemed nondischargeable since the government established debtor had willfully attempted to evade tax payments.
Procedural posture
Plaintiff debtor filed suit against defendant United States for a declaratory judgment pursuant to 28 U.S.C. § 2201(a) that certain tax liability was dischargeable. The debtor proposed to deal with that claim in the instant Chapter 11 case. The government opposed the complaint and moved for summary judgment.
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Court
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