- 28 U.S.C.
Pelgrim, In re
Mar
28
2024
Ruling
Debtor's filing was stricken as it did not request any relief cognizable under the BankruptcyCode and appeared to be extraneous and irrelevant to the case. (Bankr. D. Md.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
Goden, In re
Nov
12
2021
Ruling
Dismissal of bankruptcy case was warranted in the best interests of the creditors, the debtor,and the estate. (Bankr. D. Md.)
Issue(s)
Effect of Discharge; Liability of Other Entities Not Affected.
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Court
:
Cockey, In re--Popescu v. Cockey
Sep
30
2020
Ruling
Creditors failed to establish nondischargeability as they did not show that the representationsmade by the debtor were false and were made with fraudulent intent. (Bankr. D. Md.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Morris, In re
Feb
19
2020
Ruling
Credit union did not violate the discharge injunction by filing a collection suit as it did nothave notice of debtor's bankruptcy case or discharge. (Bankr. D. Md.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
NextGear Capital, Inc. v. Nozary (In re Nozary)
Sep
29
2017
Ruling
Debtor's personal indebtedness to the financer, who had a fiduciary relationship with thedealer, was deemed not nondischargeable as there was no evidence that the financer wasactually responsible for the fraud perpetrated by the dealer. (Bankr. D. Md.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Bird v. Driscoll (In re Bird)
Apr
15
2015
Ruling
Debtor's proceeding challenging secured lenders' right to execute on security interests and for an accounting dismissed.
Issue(s)
Did secured creditors have the right to execute on security interests and should the trustee commence an accounting?
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Court
:
- 11 U.S.C.
Wells Fargo Bank v. McIver (In re McIver)
Dec
27
2012
Ruling
Agreed order and stipulation modifying stay and striking order terminating stay granted.
Procedural posture
Movant in the matter was a bank, as trustee for a home loan trust. Respondent was debtor. Before the court was an agreed order and stipulation modifying automatic stay and striking order terminating automatic stay.
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:
Cho v. Park (In re Park)
Sep
24
2012
Ruling
Discharge denied based on false statements but not failure to keep records.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to maintain adequate records, false statements and omissions in the debtor's schedules, and failure to account for the proceeds of a real estate sale.
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Court
:
- 11 U.S.C.
Donahoo v. Simone (In re Simone)
Mar
22
2012
Ruling
Debt was nondischargeable where debtors had created false emergency to induce creditors to lend funds.
Procedural posture
Plaintiff creditor sued defendant debtors, a married couple, for a determination that a debt owed by them on account of a $50,000 loan she made to them was nondischargeable per 11 U.S.C.S. § 523(a)(2)(A). Debtors, while admitting that they received that amount, claimed that it was an investment in a real estate transaction to which they were parties and denied having any obligation to repay it.
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RL BB Fin. LLC v. 207 Redwood St. LLC (In re 207 Redwood St. LLC)
Aug
26
2011
Ruling
Relief from stay denied where debtor had funds to complete hotel project, had some equity in the property and reorganization was likely.
Procedural posture
Creditor lienholder brought a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d), against respondent debtor, the owner of a parcel of real property containing a partly-constructed hotel. Creditor sought to avail itself of its state court rights to foreclose on its indebtedness and lien.
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