United States v. Sieber (In re Sieber)
Mar
29
2013
Ruling
Discharge denied due to concealment and transfer of assets, failure to produce records and false oaths.
Procedural posture
United States Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a) and alleging that the debtor concealed and transferred assets, failed to produce adequate records, and made false oaths in the bankruptcy case.
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Court
:
- 11 U.S.C.
In re Martise
Mar
19
2013
Ruling
Bankruptcy petition preparer ordered to disgorge excessive fees.
Procedural posture
The United States Trustee filed a motion to disgorge an excessive bankruptcy petition preparer fee pursuant to 11 U.S.C.S. § 110(h)(3).
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Court
:
- 11 U.S.C.
Fannie Mae v. Griffin (In re Griffin)
Mar
15
2013
Ruling
Debtor could pay off deceased mother's reverse mortgage in installments through plan.
Procedural posture
Debtor filed a petition under chapter 13 and proposed a plan for paying his creditors that paid a $62,602 debt owed to a mortgagee over forty-seven months. The mortgagee filed an objection to confirmation of the debtor's plan and moved for relief from the automatic stay. The court held a hearing on the mortgagee's objection.
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Court
:
- 11 U.S.C.
White v. Magellanes (In re Magellanes)
Mar
01
2013
Ruling
Judgment debt was discharged in absence of false representation which could have led to creditor's loss.
Procedural posture
This case came before the court for trial on the adversary proceeding filed by creditors against defendant debtor seeking a ruling that the balance of $19,443 owed on a prepetition judgment in the original amount of $30,000 was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
Friolo v. Frankel (In re Frankel)
Jan
25
2013
Ruling
Relief from stay granted in order to allow resolution of appeal with possible collateral estoppel effect on nondischargeability proceeding.
Procedural posture
Movant sought relief from the automatic stay under 11 U.S.C.S. § 362(d) to allow the Court of Appeals of Maryland to resolve a pending appeal against the debtor. The movant filed an adversary proceeding against the debtor under 11 U.S.C.S. § 523(a)(6), alleging that the judgment should be excepted from discharge because it arose from a willful and malicious injury.
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Court
:
Carrollan Gardens Condo. Assn v. Khan (In re Khan)
Jan
06
2013
Ruling
Condominium association entitled to relief from stay to collect postpetition obligations.
Issue(s)
Whether a condominium association was entitled o relief from the automatic stay of 11 U.S.C.S. § 362(a) to enable it to file legal action to collect post-filing obligations.
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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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Court
:
- 11 U.S.C.
In re Keita
Dec
12
2012
Ruling
Plan providing for payment of note that matured prior to petition date could be confirmed.
Procedural posture
Chapter 13 debtor sought confirmation of his plan, A creditor filed a motion to dismiss the case and, along with other creditors, filed objections to confirmation.
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Court
:
In re Navarro
Oct
19
2012
Ruling
Case dismissed where now deceased debtor failed to attend §341 meeting and proposed plan was not confirmable.
Procedural posture
A creditor holding a claim secured by a residence owned by debtor objected to debtor's proposed Chapter 13 plan, which plan was filed one day before debtor died. Issues included whether the plan was nonetheless confirmable, which was the outcome sought by debtor's next of kin, and whether the trustee's motion to dismiss, which was based on debtor's failure to attend the § 341 meeting of creditors and other factors, was properly granted.
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Court
:
- 11 U.S.C.
McDow v. Mancini (In re Johnson)
Oct
19
2012
Ruling
Bankruptcy petition preparer sanctioned for holding self out as attorney and for unauthorized practice of law.
Procedural posture
U.S. Trustee brought an adversary proceeding against bankruptcy petition preparer seeking sanctions against the preparer for misconduct in violation of 11 U.S.C.S. § 110 in relation to a bankruptcy debtor's case and numerous other bankruptcy cases. The preparer did not respond or appear.
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Court
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