- 11 U.S.C.
Wolff v. Munni (In re Munni)
May
18
2011
Ruling
Discharge denied due to failure to maintain adequate records of purchase or refinance of automobile.
Procedural posture
A trustee in bankruptcy sought an order denying a debtor's discharge.
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Court
:
- 11 U.S.C.
In re Pollard
Feb
09
2011
Ruling
Dismissal of "Chapter 20" case denied where debtors' changed financial circumstances supported finding of good faith.
Procedural posture
A trustee filed a motion to dismiss a chapter 13 bankruptcy case that was filed eight months after the debtors' chapter 7 case was closed (referred to as a chapter 20 case).
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Court
:
Showalter v. Stephens (In re Stephens)
Nov
30
2010
Ruling
Discharge denied due to debtor's attempts to evade collection and omissions from schedules.
Procedural posture
Plaintiff creditor objected to defendant debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4).
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Court
:
- 11 U.S.C.
In re Hall
Aug
25
2010
Ruling
Townhouse association not entitled to administrative expense for unpaid dues.
Procedural posture
A townhouse association filed an application for the allowance of administrative expenses under 11 U.S.C.S. § 503(b)(1) on account of unpaid homeowners association dues in the sum of $3,901.25 for the period from February 4, 2004, the day before the filing of the case originally as a case under chapter 7, to May 31, 2010.
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Court
:
- FRBP
In re Bethany Homes Inc.
Aug
06
2010
Ruling
Frivolous filing to prevent foreclosure was grounds for sanctions against debtor's principal and attorney.
Procedural posture
Judgment creditors of a bankruptcy debtor sought to hold the debtor in contempt in state court for failing to cooperate in discovery in the creditors' efforts to collect the judgment, but the motion was stayed after the debtor filed its bankruptcy petition. The creditors moved for sanctions pursuant to Fed. R. Bankr. P. 9011 against the debtor, its principal, and its attorney, asserting that the bankruptcy petition was filed in bad faith.
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Court
:
- 11 U.S.C.
In re Cloverleaf Enters.
Jul
13
2010
Ruling
Interim compensation awarded to debtor's attorneys for services reasonably likely to benefit estate.
Procedural posture
Both general and special counsel to the debtor presented first interim applications for compensation in the form of attorneys' fees, pursuant to 11 U.S.C.S. §§ 330 and 331. The United States trustee filed objections to the application.
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Court
:
Kforce Inc. v. Kearse (In re Kearse)
May
18
2010
Ruling
Settlement of lawsuit alleging diversion of contract opportunities was based on intentional injury and was nondischargeable.
Procedural posture
Plaintiff, defendant debtor's former employer, moved for summary judgment as to the dischargeability of the debtor's obligations, pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6), under a settlement agreement by and among the debtor, the former employer, and debtor's new company.
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Court
:
- 11 U.S.C.
Wolff v. Foroutan (In re Foroutan)
Mar
12
2010
Ruling
Conveyance by debtor to spouse and self as tenants by the entireties for no consideration while insolvent avoided as fraudulent.
Procedural posture
Defendant debtor filed a bankruptcy case under chapter 7. Plaintiff trustee filed an adversary proceeding against defendants, the debtor and his wife, seeking to avoid and recover a fraudulent conveyance under 11 U.S.C.S. §§ 548 and 550, and to deny the debtor's discharge under 11 U.S.C.S. § 727.
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Court
:
- 11 U.S.C.
Englander v. Hekman Furniture Co. (In re Mastercraft Interiors Ltd.)
Dec
30
2009
Ruling
Preference period payments were not avoidable due to subsequent new value and ordinary course of business exceptions.
Procedural posture
Plaintiffs, a bankruptcy plan administrator for a chapter 11 debtor and a chapter 11 debtor, filed an adversary proceeding against defendant furniture company, seeking a determination that three payments the debtors made to the furniture company were avoidable transfers under 11 U.S.C.S. § 547, an order disallowing a claim in the amount of $ 475,678 which the company filed against their bankruptcy estates.
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Court
:
In re Okigbo
Dec
29
2009
Ruling
Relief from stay denied to credit union that violated stay by freezing debtor's account.
Procedural posture
The debtor filed a motion to enforce the automatic stay of 11 U.S.C. § 362(a) against the creditor, a credit union, that acted unilaterally to freeze funds of the debtor on deposit with it, in order to be able to effect a setoff. The credit union filed, after the fact, a motion for relief from the automatic stay.
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Court
: