- 11 U.S.C.
Rosen v. Rood (In re Rood)
Dec
14
2009
Ruling
Debtor held in contempt for violation of injunction prohibiting transfers of property or assets of financial transactions.
Procedural posture
Plaintiffs, a chapter 7 trustee and a creditor, filed an emergency motion to enforce a preliminary injunction order and hold defendant debtor in contempt.
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Aerotek Scientific LLC v. Kearse (In re Kearse)
Dec
07
2009
Ruling
Debtor's activities in violation of non-compete agreement were sufficient to support claims of nondischargeability, fiduciary defalcation and willful and malicious injury.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation or embezzlement, and wilful and malicious injury. The debtor moved to dismiss the complaint.
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Court
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- 11 U.S.C.
Charles County Nursing & Rehab. Ctr. v. Marbury (In re Marbury)
Dec
02
2009
Ruling
Debt to senior living facility was dischargeable where debtor owed fiduciary duty to mother but not to facility.
Procedural posture
Plaintiff nursing care facility brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the facility for the care of the debtor's mother was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on defalcation of the debtor in his fiduciary capacity.
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Court
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- 11 U.S.C.
In re Gordy
Sep
09
2009
Ruling
Chapter 13 case and lien confirmed as avoided where creditor did not object.
Procedural posture
Chapter 13 debtor moved for an order concluding the case and for an order confirming that the second lien held by creditor lender was extinguished. The chapter 13 trustee opposed the motion, but the creditor did not.
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Court
:
- 28 U.S.C.
Moore Kershner LLC v. Moore Steele LLC
Mar
10
2009
Ruling
Action between debtor's current and former attorneys dismissed for lack of jurisdiction.
Procedural posture
Movant, a law firm that was the previous counsel of record for debtors in nine cases, filed a motion for omnibus relief against nonmovant, the successor law firm of record and the individual attorney who had been previously been a member of the former firm and had become a member of the latter firm. Pursuant to 11 U.S.C.S. § 105(a), the dispute was consolidated for resolution in one miscellaneous proceeding.
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Court
:
- 11 U.S.C.
McDow v. American Debt Free Assn (In re Spencer)
Jan
14
2009
Ruling
Debt relief agency sanctioned for misrepresentation of services.
Procedural posture
Plaintiff filed complaints against defendant debt relief agency (agency) seeking civil penalties, injunctive, and other relief. The complaints stated seven causes of action -- two related to 11 U.S.C.S. § 526 (restrictions on debt relief agencies) and five related to 11 U.S.C.S. § 110 (penalties f.
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Court
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- 11 U.S.C.
In re Nicol
Nov
14
2008
Ruling
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
Procedural posture
Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
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Court
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McDow v. Daniels-Brown (In re Daniels-Brown)
Nov
12
2008
Ruling
Case dismissed for abuse where debtor overstated expenses and understated projected tax refund.
Procedural posture
Movant United States Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case under 11 U.S.C.S. § 707(b), claiming that allowing the debtor to discharge her debts would have been an abuse of the bankruptcy system.
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Court
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- 11 U.S.C.
In re Belcher
Jun
03
2008
Ruling
Trustee's counsel fees allowed in reduced amount where requested fee was out of proportion to results.
Procedural posture
Before the court was a final application for allowance of attorney's fees to counsel for the chapter 7 trustee in the case of the male debtor. The applicants sought compensation of $ 11,696. The application presented an unusual situation in that the chapter 7 trustee liquidated no assets and made no distribution in this consolidated case.
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Court
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In re Pinckney
May
09
2008
Ruling
Chapter 13 case ordered converted or dismissed due to secured debt in excess of limits.
Procedural posture
A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed on the ground that the schedules listed more secured debt than the maximum allowed under 11 U.S.C.S. § 109(e).
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Court
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