- 11 U.S.C.
MedPort Inc. v. Robinson (In re Robinson)
Nov
13
2014
Ruling
State court fraud judgment did not include sufficient findings to establish nondischargeable debt.
Issue(s)
Did state court fraud judgment contain sufficient findings to establish nondischargeable debt?
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Court
:
- 11 U.S.C.
In re Frank
Oct
23
2014
Ruling
Debtor could not avoid lien on two adjacent lots being used as principal residence.
Issue(s)
Could mortgage lien on two adjacent properties be avoided not secured only by real property that is the debtor's principal residence?
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Court
:
- 11 U.S.C.
Angell v. Mansour (In re Britt Motorsports LLC)
Oct
22
2014
Ruling
Jury trial of avoidance proceeding denied due to transferees' assertion of setoff defense.
Issue(s)
Did creditors have the right to a jury trial of trustee's avoidance proceeding?
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Court
:
- 28 U.S.C.
Wells Fargo v. BMOC Investors LLC (In re BMOC Investors LLC)
Oct
07
2014
Ruling
Bankruptcy court abstained from hearing bank's guarantor proceeding against debtor and LLC.
Issue(s)
Should bankruptcy court abstain from hearing bank's guarantor proceeding against debtor and LLC?
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Court
:
In re Shotwell Landfill Inc.
Sep
04
2014
Ruling
Appointment of chapter 11 trustee denied given principal's competency and that his continued involvement was in best interests of debtor and creditors.
Issue(s)
Should chapter 11 trustee be appointed in consolidated cases?
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Court
:
- 11 U.S.C.
In re Morris
Jul
31
2014
Ruling
Modification allowed as complying with applicable commitment period and necessary for successful completion of plan.
Issue(s)
Does the applicable commitment period which governs modification of chapter 13 plans begin at the time of confirmation of the original plan or upon the filing of the proposed plan with the petition?
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Court
:
- 28 U.S.C.
In re Barbetta LLC
Jul
23
2014
Ruling
Debtor required to resume payment of quarterly fees in reopened case.
Issue(s)
Should reopened chapter 11 case be dismissed, converted to chapter 7 or should other sanctions be imposed for the debtor's failure to pay quarterly fees?
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Court
:
- 11 U.S.C.
In re Surtronics Inc.
Jun
09
2014
Ruling
Voluntary dismissal denied where evidence showed that there was a reasonable likelihood of successful reorganization, contrary to debtor's representations.
Issue(s)
Should debtor be allowed to voluntarily dismiss its case due to substantial or continuing loss to or diminution of the estate and in the best interest of the creditors and estate?
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Court
:
Cadles of Grassy Meadows II LLC v. Cofield (In re Cofield)
Mar
05
2014
Ruling
Judgment in jury trial did not establish nondischargeability on grounds of fiduciary defalcation or willful and malicious injury.
Issue(s)
Was state court judgment for conversion and unfair or deceptive trade practices, based on debtor's failure to repay creditor after receiving satisfaction of mortgages held in trust for the creditor, nondischargeable on grounds of fiduciary defalcation or willful or malicious injury.
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Court
:
- 11 U.S.C.
In re Adams
Mar
04
2014
Ruling
Rents from property owned by debtor and non-debtor spouse by the entireties were subject to turnover.
Issue(s)
Whether trustee was entitled to turnover of rents under 11 U.S.C.S. § 542.
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Court
: