- 11 U.S.C.
In re Blanche Zwedling Revocable Living Trust
Jun
11
2015
Ruling
Trust holding title to real and personal property for the benefit of the trustor was not a business trust and not an eligible debtor.
Issue(s)
Was self-revocable living trust created by deceased trustor/trustee an eligible debtor?
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Court
:
- 11 U.S.C.
In re Curry
May
21
2013
Ruling
Purchaser of tax sale certificate held valid tax claim.
Procedural posture
The debtor filed a voluntary chapter 13 petition. The purchaser of a tax sale certificate filed a secured proof of claim for unpaid delinquent taxes, plus interest, under 11 U.S.C.S. § 511.
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Court
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In re Apollo Health St. Inc.
Mar
23
2012
Ruling
Petitioning creditors' assertion of reliance on advice of counsel defense to bad faith dismissal of involuntary case resulted in waiver of attorney client privilege from pre-filing period through hearing date.
Procedural posture
At issue in this involuntary bankruptcy was to what extent the attorney- client privilege was waived as to attorney-client communications between the petitioning creditors and predecessor counsel if the petitioning creditors raised a reliance on advice of counsel defense to a bad faith filing charge under 11 U.S.C.S. § 303(i).
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Court
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In re Gloster
Oct
13
2011
Ruling
Chapter 13 debtors who received a chapter 7 discharge and then earned sufficient income to fund plan filed in good faith and were entitled to confirmation of plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying her creditors that allowed her to strip-off wholly unsecured junior liens on her home. A trustee who was appointed to administer the debtor's plan filed an objection to the plan, claiming that it could not be confirmed because the debtor was not eligible under 11 U.S.C.S. § 1328(f) to have her debts discharged and had not acted in good faith.
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Court
:
- 11 U.S.C.
In re Greater Am. Land Res. Inc.
Jul
14
2011
Ruling
Relief from stay to pursue tax claim that was not timely included in proof of claim not necessary given expiration of stay at confirmation.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor-in-possession. Approximately three months after the court confirmed the debtor's reorganization plan, a township filed a motion seeking relief under 11 U.S.C.S. § 362 from the automatic stay and for permission to amend a proof of claim it filed against the debtor's bankruptcy estate. The debtor opposed the township's motion.
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Court
:
- FRBP
In re Schaefer Salt Recovery Inc.
Jan
21
2011
Ruling
Debtor and attorney sanctioned for filing chapter 7 case with improper purpose of delaying foreclosure action.
Procedural posture
This matter was before the court on remand (the U.S. Court of Appeals for the Third Circuit had earlier remanded the matter) for a determination as to whether debtor's attorney and/or debtor should be sanctioned under 28 U.S.C.S. § 1927, Fed. R. Bankr. P. 9011, 11 U.S.C.S. § 105. The person seeking sanctions was an individual who had brought certain tax foreclosure proceedings.
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Court
:
- 11 U.S.C.
In re Catenaccio
Dec
16
2010
Ruling
Funds held by debtor in joint account with non-debtor father were not property of the estate.
Procedural posture
The Chapter 7 debtors moved for a determination that certain funds held in savings accounts were not property of the bankruptcy estate. The debtors requested that the court issue an order to release the funds held in joint bank accounts by the debtor husband and his father, a non- debtor, because the funds were the father's property.
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Court
:
- 11 U.S.C.
JPMorgan Chase Bank. V. Tamis (In re Tamis)
Dec
17
2008
Ruling
Debt of shareholders and officers who were fiduciaries of corporation was dischargeable absent proof of dereliction.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors'fiduciary defalcation. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Pizzuto v. IRS (In re Pizzuto)
Mar
20
2008
Ruling
Debt owed pursuant to tax return late-filed within two years of petition date was nondischargeable.
Procedural posture
Plaintiff chapter 7 debtor, who filed his bankruptcy petition on June 22, 2006, brought this adversary proceeding against defendant Internal Revenue Service (IRS) seeking a determination that his 1995 federal income tax return was dischargeable pursuant to 11 U.S.C.S. § 523(a)(1)(B)(ii). A trial was held on August 22, 2007 to consider the dischargeability of the tax liability.
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Court
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