SG Homes Assocs. LP v. Marinucci

Jun

2013

Ruling

Judgment debt based on fraud on which creditor relied and resulting damages properly held nondischargeable.

Procedural posture

Creditor filed an adversary proceeding seeking a declaration that debtor's debt to it was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). A bankruptcy court determined that the judgment debt was nondischargeable. The United States District Court for the District of Maryland, at Baltimore, affirmed the bankruptcy court's findings of fraud, damages, and entry of nondischargeable judgment for the creditor. The debtor appealed.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on June 04, 2013 , LexisNexis #0613-123

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11 U.S.C.
- § 1325
- § 1325(b)

Johnson v. Zimmer

Jul

2012

Ruling

"Economic unit" method properly applied to determine household size with regard to plan.

Procedural posture

Debtor filed a voluntary petition for chapter 13 bankruptcy. The United States Bankruptcy Court for the Eastern District of North Carolina, at Raleigh denied debtor's motion for confirmation with leave to amend debtor's disposable income calculation and plan to reflect the household size of five and certified the issue of the determination of the household size for direct interlocutory appeal.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on July 11, 2012 , LexisNexis #0812-032

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11 U.S.C.

Mahraj v. Stubbs & Perdue P.A. (In re Mahraj)

Jun

2012

Ruling

BAPCPA did not repeal the absolute priority rule for individual chapter 11 debtors.

Procedural posture

The U. S. Bankruptcy Court for the Eastern District of Virginia entered an order denying confirmation of the debtors' reorganization plan. Debtors noted a timely appeal. On its own motion, the bankruptcy court certified its order for direct appeal to the appellate court pursuant to 28 U.S.C.S. § 158(d)(2)(A)(i). A panel of the appellate court then authorized debtors' direct appeal.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on June 14, 2012 , LexisNexis #0712-033

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