- 11 U.S.C.
Hale Trailer Brake & Wheel Inc. v. Cramblitt (In re Cramblitt)
Aug
17
2010
Ruling
Guaranty obligation of debtor who misrepresented his status as CEO of company receiving credit was nondischargeable.
Procedural posture
Creditor filed an adversary proceeding seeking a determination that a chapter 7 debtor's guaranty obligation was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
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In re Eader
Mar
22
2010
Ruling
Lease assumption agreement could not be approved as included waiver of discharge protection required a reaffirmation agreement.
Procedural posture
Debtors filed a petition for chapter 7 bankruptcy protection. Movant lessor moved for approval of a lease agreement between debtors and the lessor.
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Court
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In re Wick
Jan
05
2010
Ruling
Plan confirmed as utilizing all debtor's projected disposable income despite apparent disproportionate amount devoted to high priced residence.
Procedural posture
A chapter 13 debtor sought confirmation of an amended plan. The chapter 13 Trustee opposed confirmation, asserting that the plan was not proposed in good faith and the plan failed to provide that all of the debtor's projected disposable income during the commitment period of the plan would be applied to the plan as required.
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Court
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In re Nelson
Sep
21
2009
Ruling
Chapter 7 case converted to chapter 13 and reconverted to chapter 7 could not be reconverted to chapter 13.
Procedural posture
Debtor's chapter 7 case was converted to chapter 13, but the case was reconverted to chapter 7 without objection upon the debtors' failure to make payments required under their confirmed chapter 13 plan. The debtors moved to reconvert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a).
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Court
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Rahn v. Young (In re Rahn)
Mar
11
2009
Ruling
Debt related to misrepresentations by debtor contractor regarding restoration project.
Procedural posture
Plaintiff creditor filed an adversary proceeding for a determination that a judgment owed by defendant debtor was non-dischargeable, pursuant to 11 U.S.C.S. § 523(a)(2), (6).
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Court
:
- 11 U.S.C.
In re Davis
Nov
12
2008
Ruling
Plan could be confirmed despite noncompliant treatment of three claims where creditors did not object.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the treatment of the claims of three secured judgment creditors under the proposed plan did not comply with the requirements imposed by 11 U.S.C.S. § 1325(a)(5)(B). The debtor argued that, because none of those creditors had objected to the proposed plan, 11 U.S.C.S. § 1325(a)(5)(A) was satisfied and § 1325(a)(5)(B) need not be considered.
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Court
:
In re Johnson
Mar
25
2008
Ruling
Confirmation vacated due to debtor's willful destruction of property and insurance fraud.
Procedural posture
Before the court, on remand from the U.S. District Court for the District of Maryland, was a creditor's motion to reconsider seeking a ruling per Marrama that debtor's prepetition conduct amounted to cause for reconversion or dismissal under 11 U.S.C.S. § 1307(c) and therefore the conversion of the case to chapter 13 amounted to an abuse of process.
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Court
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In re Bellamy
Nov
28
2007
Ruling
Attorneys'fees to be paid prior to distribution to creditors to the extent fees had been earned and were not for future performance.
Procedural posture
Counsel for a chapter 13 debtor filed an application for payment of counsel fees as an administrative expense pursuant to 11 U.S.C. § 1326(b).
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Court
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In re Carter
May
24
2007
Ruling
Refusal of university to release debtor's daughter's diploma and academic records did not violate stay.
Procedural posture
The debtors filed a motion to compel against creditor, a university. Because the student accounts of the debtors'daughters were unpaid, the university enforced its policy regarding payment and refused to release the daughters'academic records and diploma. At issue was whether the university's refusal to release the documents was a violation of 11 U.S.C. § 362(a).
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Court
:
- 11 U.S.C.
Finance Md. lLC v. Smith (In re Smith)
Nov
02
2006
Ruling
Duty to make adequate protection payments did not arise where obligation in question arose prior to order for relief.
Procedural posture
Creditor filed a motion to dismiss chapter 13 debtor's bankruptcy case pursuant to 11 U.S.C. § 1307(c)(4) on the grounds that debtor failed to commence making the payments required pursuant to 11 U.S.C. § 1326(a)(1)(C).
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Court
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