In re Orkin
Mar
04
2010
Ruling
Administrative expense claim denied due to failure to meet burden of proving entitlement.
Procedural posture
Before the court were two Motions for Payment of Administrative Expense Claims filed by movants.
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Court
:
- 11 U.S.C.
DeHart v. Miller (In re Miller)
Feb
05
2010
Ruling
Sum awarded to debtor in divorce was exempt property.
Procedural posture
Debtor filed a petition under chapter 13 and claimed that a payment in the amount of $ 88,500 which a master awarded her in a state-court divorce action was exempt property under 11 U.S.C.S. § 522(d)(10)(D). A law firm that represented the debtor in her divorce action filed a claim for $ 101,908 against the debtor's bankruptcy estate, and the firm and a chapter 13 trustee filed objections to the debtor's exemption claim.
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Court
:
Boyce v. Barnhart (In re Barnhart)
Jan
05
2010
Ruling
Case dismissed for bad faith where filed shortly after state court judgment and transfer of assets with inadequate disclosures.
Procedural posture
Movant creditor sought to dismiss the debtor's chapter 13 case, alleging that the petition was not filed in good faith and should be dismissed pursuant to 11 U.S.C.S. § 1307(c).
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Court
:
- FRBP
Hannon v. Countrywide Home Loans Inc. (In Hannon)
Dec
18
2009
Ruling
Creditor subject to sanctions for failure to amend proof of claim to reflect refunds received from sheriff.
Procedural posture
Debtor asserted that, in the debtor's case and others, respondent mortgage creditor received refunds of sheriff deposits but failed to amend proofs of claim to reflect the reduction in the amounts of the creditor's claims. The debtor moved for sanctions against the creditor.
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Court
:
- 11 U.S.C.
Wayne Bank v. Johnson (In re Johnson)
Sep
23
2009
Ruling
Motion for denial of discharge denied due to issue of fact regarding auto loans.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A). The debtor filed a motion for summary judgment.
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Court
:
City of Harrisburg v. Kanoff (In re Kanoff)
Jun
17
2009
Ruling
City did not have a security interest in debtor's liquor license.
Procedural posture
Movant city filed an objection to the proposed chapter 13 plan of respondent debtor, contending that the city held a security interest in debtor's business assets, specifically a liquor license, which was listed as an asset in debtor's amended Schedule B.
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Court
:
DeAngelis v. MacNamara (In re MacNamara)
Jun
05
2009
Ruling
Chapter 7 case dismissed for abuse due to debtor's unreasonable and unnecessary expenses and ability to fund chapter 13 plan.
Procedural posture
A husband and a wife, filed a chapter 7 bankruptcy petition. United States Trustee (UST) moved to dismiss the case, invoking 11 U.S.C.S. § 707(b)(1) and (3), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8.
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Court
:
Fedor v. American Home Mortg. Servs. (In re Fedor)
Apr
30
2009
Ruling
Allegation of improper acknowledgement were sufficient to support mortgage avoidance proceeding.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant mortgagee seeking to avoid a mortgage under 11 U.S.C.S. § 522(h), based on an incorrect street address and a defective acknowledgment, and seeking to bifurcate the mortgagee's claim into secured and unsecured claims under 11 U.S.C.S. § 506(a). The mortgagee moved to dismiss the complaint for failure to state a claim.
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Court
:
- 11 U.S.C.
S.B.R. Invs. Ltd. v. Luxa-LeBlanc (In re LeBlanc)
Apr
17
2009
Ruling
Debtor's lack of intention to meet clear conditions of loan resulted in nondischargeability.
Procedural posture
Plaintiff company sued defendant debtor, challenging the dischargeability of an alleged debt under 11 U.S.C.S. § 523(a)(2) and (a)(8). The company also filed a proof of claim for an amount in Canadian dollars. The court held a trial.
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Court
:
- 11 U.S.C.
Lichtenstein v. Cohen & Stamowitz LLP (In re Liechtenstein)
Mar
31
2009
Ruling
Bankruptcy court properly declined to award sanctions and attorneys' fees for stay violation that it found was not willful.
Procedural posture
Debtor sought review of an order of the Bankruptcy Court for the Southern District of New York, which denied his motion for sanctions and attorney's fees for an alleged willful violation by appellees, a creditor and its collection agency, of the automatic stay imposed by 11 U.S.C.S. § 362.
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Court
: