- 11 U.S.C.
Mayne v. eCAST Settlement Corp. (In re Mayne)
Oct
26
2015
Ruling
Debtor's objections to proofs of claim overruled.
Issue(s)
Should proofs of claim be disallowed on debtor's objection based on creditor's failure to comply with the requirements of Federal Rule of Bankruptcy Procedure 3001?
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Court
:
- 11 U.S.C.
Walsh v. UGI Utils. Inc. (In re Walsh)
Oct
03
2014
Ruling
Safe harbor did not apply to creditor utility's shut-off notice once creditor had actual knowledge of debtor's bankruptcy.
Issue(s)
Should debtor's complaint for violation of stay against utility company be dismissed on grounds that the utility's actions were covered by the safe harbor provision?
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Court
:
- 11 U.S.C.
Hawkins v. Franchise Tax Bd.
Sep
15
2014
Ruling
Judgment that tax debt was nondischargeable vacated where the there was no showing of specific intent to evade tax the tax.
Issue(s)
What mental state is required in order to find that a bankruptcy debtor's federal tax liabilities should be excepted from discharge for willfully attempting to evade or defeat the taxes?
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Court
:
Judge or Jurisdiction information not available
North Cent. Pa. Regl Planning & Dev. Commn v. Watson (In re Watson)
Aug
04
2014
Ruling
Motion to dismiss case of minimally sophisticated debtors who filed for chapter 13 in good faith eight years after filing chapter 7 case denied.
Issue(s)
Was debtors' failure to fully disclose leases on property grounds for bad faith dismissal?
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Court
:
- 28 U.S.C.
Schultze v. Chandler
Aug
01
2014
Ruling
Malpractice action against attorney for committee of unsecured creditors was a core proceeding.
Issue(s)
Whether the bankruptcy court properly exercised jurisdiction over a malpractice action against an attorney for the unsecured creditors' committee and correctly dismissed the claim.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Burton v. Infinity Capital Mgmt.
Jun
04
2014
Ruling
Quasi-judicial immunity did not apply to an attorney who prepared an order to show cause for a judge from claim for violation of the automatic stay.
Issue(s)
Whether an attorney who prepares an order to show cause for a judge is entitled to absolute quasi-judicial immunity from claim of violation of the automatic stay?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Cestone v. First Natl Cmty. Bank (In re Cestone)
Mar
07
2014
Ruling
Statute of limitations on state uniform fraudulent transfer act that had not expired on petition date was extended so that trustee's adversary proceeding thereunder was timely.
Issue(s)
Was trustee's avoidance proceeding under state uniform fraudulent transfer act timely?
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Court
:
- 11 U.S.C.
DeHart v. Knorr (In re Knorr)
Oct
08
2013
Ruling
Child care expense was improper but could be used for first year of plan.
Issue(s)
Could debtor claim child care expense to cover debtor's care for minor children at scout camps under proposed plan .
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Court
:
- FRBP
Anwar v. Johnson
Jul
02
2013
Ruling
Judgment that bankruptcy court lacked discretion to grant retroactive extension of deadline for filing nondischargeability proceeding affirmed.
Procedural posture
The bankruptcy court dismissed appellant creditors' nondischargeability complaints as untimely, explaining that it lacked discretion to grant retroactive extensions of Fed. R. Bankr. P. 4007(c)'s deadline. Reviewing de novo, the United States District Court for the District of Arizona affirmed. The creditors appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Harris v. Amerifirst Home Improvement Fin. Co.
Apr
26
2013
Ruling
One half of second line on property jointly owned by chapter 13 debtor with non-debtor grandson could be avoided.
Procedural posture
Chapter 13 debtor filed an adversary complaint against creditor mortgagee, requesting a determination of the validity and extent of the creditor's second mortgage lien pursuant to 11 U.S.C.S. §§ 506(d), 522(f), and 1322(b)(2).
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Court
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