- 11 U.S.C.
Grabowski v. AmeriCredit (In re Grabowski)
Dec
12
2011
Ruling
Chapter 13 debtors' motion to waive discharge in prior chapter 7 case denied as filed after the discharge had been granted.
Procedural posture
In a case mired in procedural confusion, a chapter 13 trustee sought to dismiss the case because the debtors were in arrears on their plan. Although the debtors did not respond to the motion, they filed a motion to waive their prior chapter 7 discharge under 11 U.S.C.S. § 727(a)(10). Despite the grant of an extension of time to respond to the motion to dismiss, they failed to do so.
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In re Henretty
Aug
11
2011
Ruling
Waiver of filing fee granted on reconsideration given evidence of income at less than 150 percent of poverty level and inability to pay.
Procedural posture
Debtor, acting pro se, filed a voluntary petition under chapter 7 and asked the court to waive the filing fee. In a prior order, the court denied the debtor's application to waive the filing fee. The debtor filed a letter containing new information about his expenses.
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S&T Bank v. Garbinski (In re Garbinski)
Jul
26
2011
Ruling
Relief from stay to foreclose granted given lack of equity and no reasonable possibility of successful reorganization.
Procedural posture
Secured creditor bank sought an order for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2). Respondents, chapter 11 individual debtors opposed the motion, asserting that the bank had verbally granted them time to complete the real estate project subject to the loan.
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- 11 U.S.C.
Roeder v. Lockwood (In re Lockwood Auto Group Inc.)
Apr
28
2011
Ruling
On remand, debtor's principal's pledge of CD collateral for bank loan found not to be fraudulent.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, a bank and an individual who had been the principal owner of a car dealership, seeking a determination that the principal committed fraud before the dealership declared bankruptcy. The bankruptcy court found that transactions the principal made were constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B), but the district reversed that judgment and remanded the case.
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Melarango v. Ciotti (In re Ciotti)
Apr
18
2011
Ruling
Debtor's sale of truck was due to inability to afford repairs, not to intent to defraud creditors and was not basis for denial of discharge.
Procedural posture
Plaintiffs, the trustee and a creditor, filed an adversary complaint seeking to deny the Chapter 7 debtor a discharge under 11 U.S.C.S. § 727(a)(2)(A) and § 11 U.S.C.S. § 727(a)(4)(A).
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:
- 11 U.S.C.
Smith v. United States (In re Smith)
Mar
10
2011
Ruling
Capital gains tax obligations resulting from postconfirmation sale of farm assets was not subject to terms of plan and would not be treated as a general unsecured claim.
Procedural posture
When, citing 11 U.S.C.S. § 1222(a)(2)(A), chapter 12 debtors asked the court to declare that a capital gains tax obligation resulting from their postconfirmation sale of farm assets was properly treated as a general unsecured claim that was not entitled to priority, the IRS objected. The IRS also asserted that the court lacked jurisdiction to determine the issue by reason of sovereign immunity.
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LaMacchia v. Tarbell (In re Tarbell)
Nov
29
2010
Ruling
Failure to meet fiduciary standard of due care did not make debt nondischargeable for defalcation or fraud.
Procedural posture
Creditor filed a complaint seeking a determination that a debt owed to him by chapter 7 debtors was excepted from discharge under 11 U.S.C.S. § 523(a)(4) or alternatively, under § 523(a)(2) and (6). The creditor filed a motion for judgment on the pleadings or, in the alternative, a motion for summary judgment, arguing that collateral estoppel required the court to find a state orphans' court order binding and dispositive.
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- 11 U.S.C.
Official Committee of Unsecured Creditors v. Dow Chem. Co. (In re Erie County Plastics Corp.)
Nov
03
2010
Ruling
Summary judgment denied in creditors' committee's avoidance proceeding due to issues of fact concerning ordinary course of business defense and presumption of insolvency.
Procedural posture
In a Chapter 11 case, plaintiff creditors' committee filed an action against defendant supplier to avoid and recover preferential and/or fraudulent transfers. Plaintiff filed a motion for summary judgment.
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- 11 U.S.C.
Kennedy v. Kennedy (In re Kennedy)
Sep
15
2010
Ruling
Debts to former spouse for counsel fees, costs and a rental credit were related to property distribution and dischargeable.
Procedural posture
Plaintiff, the former wife of defendant chapter 13 debtor, filed an adversary proceeding against the debtor, seeking to have the court declare certain obligations that the debtor owed her declared non-dischargeable under 11 U.S.C.S. § 523(a)(15).
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- 11 U.S.C.
Kasbee v. Huntington Natl Bank (In re Kasbee)
Jul
30
2010
Ruling
Creditor not estopped from revising property valuation originally based on faulty appraisal.
Procedural posture
Plaintiffs, Chapter 12 debtors, brought an adversary complaint against defendant creditor bank, asserting that, under 11 U.S.C.S. § 506, the secured portion of the creditor's claim should be limited to $169,000, the value initially placed on the debtors' farm, and that the balance of the debt was unsecured. The debtors moved for summary judgment. The creditor opposed the motion.
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