Lofton v. Carolina Fin. LLC (In re Lofton)
Mar
27
2008
Ruling
Damages awarded for creditor's admitted willful violation of stay.
Procedural posture
Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
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Court
:
- 11 U.S.C.
In re Chapman
Mar
27
2008
Ruling
Stay imposed in debtors' third chapter 13 case in one year due to change in financial affairs that rebutted presumption of lack of good faith.
Procedural posture
Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
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Court
:
- 11 U.S.C.
In re Chapman
Mar
27
2008
Ruling
Stay extended in debtors' third chapter 13 case in one year due to substantial change in financial affairs.
Procedural posture
Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
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Court
:
Lofton v. Carolina Fin. LLC (In re Lofton)
Mar
27
2008
Ruling
Creditor sanctioned for willful and service of small claims action on debtor in intentional violation of stay.
Procedural posture
Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
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Court
:
In re Lanier
Feb
29
2008
Ruling
Trustee could not compromise with debtor who engaged in financial irregularities by offering discharge in exchange for installment payments.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bankruptcy debtor, seeking to deny the debtor a discharge based on the debtor's questionable activities prior to filing his bankruptcy petition. The trustee moved to compromise his claims against the debtor by allowing a discharge upon the debtor's payment of a sum over three years in quarterly installments.
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Court
:
In re Musselman
Nov
30
2007
Ruling
Above-median debtor with negative projected disposable income required to propose plan with term of five years.
Procedural posture
A creditor of a chapter 13 debtor objected to the chapter 13 trustee's motion for confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
Zeitchik v. Zeitchik (In re Zeitchik)
Jun
15
2007
Ruling
Property distribution payments pursuant to divorce decree were dischargeable due to debtor's inability to pay.
Procedural posture
Plaintiff, an ex-wife, filed an adversary proceeding pursuant to 11 U.S.C. § 523(a)(5) and (15) to determine the dischargeability of sums owed to her by defendant debtor, her ex- husband, who had filed a chapter 7 petition. At issue was whether certain payments that debtor was obliged to make under a state court order settling issues arising in the parties' divorce were nondischargeable pursuant to section 523(a)(5) or (15).
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Court
:
- 11 U.S.C.
In re Tune
Feb
15
2007
Ruling
Debtor who filed sixth case within 180 days of prior case was not an eligible debtor.
Procedural posture
A debtor filed a motion to extend the automatic stay in his chapter 13 bankruptcy case. A creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 109(g)(2).
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Court
:
In re Howard
Jan
25
2007
Ruling
Debtor who was disabled after being placed on life support for fourteen days granted exemption from mandatory credit counseling.
Procedural posture
The chapter 13 debtors filed an uncontroverted motion, pursuant to 11 U.S.C. § 362(c)(3)(B), for continuation of the automatic stay as to all creditors.
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Court
:
Murray v. Lyon (In re Lyon)
Jan
09
2007
Ruling
Look-back provision for fraudulent transfers in not tolled by operation of automatic stay.
Procedural posture
Defendant estranged husband filed a motion for summary judgment on plaintiff trustee's adversary proceeding, which sought to recover real property transferred by the debtor to the husband or, in the alternative, sought a sale of the husband's interest in the property with that of the debtor on the ground that the transfer was null and void under 11 U.S.C. § 548.
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Court
: