- 11 U.S.C.
In re Smith
Aug
23
2013
Ruling
Plan could modify interest rate on note that was immediately due and payable.
Issue(s)
Could debtor's plan modify interest rate on loan that had reached maturity and was due and payable in full?
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Court
:
- 11 U.S.C.
Ward v. United States Dept of Educ. (In re Ward)
Aug
09
2013
Ruling
Student loans were nondischargeable under Brunner test absent evidence that debtor's financial condition would continue for significant portion of repayment period.
Issue(s)
Whether forces beyond healthy, educated debtor's control entitled him to an undue hardship discharge of student loan debt and whether the Brunner test for dischargeability of student loan debt is impermissibly vague.
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Court
:
In re New Hope Christian Church
Jul
16
2013
Ruling
Good faith attempts by debtor to retain property and effectuate a plan were not cause for dismissal of debtor's second case or relief from stay.
Issue(s)
Did debtor's lack of a going concern and hold on to assets in order to generate rental income amount to bad faith that would require dismissal.
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Court
:
- 11 U.S.C.
In re Quantum Cool LLC
Jul
15
2013
Ruling
Involuntary petition dismissed due to existence of bona fide dispute as to petitioning creditor's claims.
Procedural posture
Pursuant to 11 U.S.C.S. § 303(h), a debtor moved to dismiss an involuntary petition filed by petitioning creditors. The debtor also sought an award of reasonable costs and attorney's fees under § 303(i)(1) and punitive damages under § 303(i)(2). Only one petitioning creditor appeared. The issues were limited to whether the debtor's liability to the creditor was subject to a bona fide dispute and whether the petition was filed in bad faith.
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Court
:
- 11 U.S.C.
In re Campbell
Jun
05
2013
Ruling
Debtor awarded fees, but not monetary sanctions, for creditor's misidentification of claim as secured.
Procedural posture
In this chapter 13 action, before the court was the debtor's motion for sanctions against the City of Raleigh, a creditor in her chapter 13 case, on grounds that the City filed a claim classifying her debt as secured despite having no basis upon which to do so.
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Court
:
- 11 U.S.C.
In re Bath Bridgewater S. LLC
Mar
12
2013
Ruling
Confirmation denied due to failure to satisfy fair and equitable test for cram down.
Procedural posture
Pending before the court was the matter taken under advisement in connection with the court's order of September 20, 2012: specifically, whether a certain creditor had a deficiency claim, and if not, whether debtor's plan of reorganization should be confirmed pursuant to 11 U.S.C.S. § 1129(b).
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Court
:
- 11 U.S.C.
Oparaji v. Wells Fargo Bank (In re Oparaji)
Mar
08
2013
Ruling
Creditor's failure to disclose total amount owed in debtor's first chapter 13 case was not grounds for disallowance of full claim in second case.
Procedural posture
In this chapter 13 case, the debtor filed an adversary proceeding against defendant creditor seeking a declaratory judgment disallowing the creditor's proof of claim based on theories of judicial and equitable estoppel. The court granted the objection on judicial estoppel grounds but that decision was reversed. The creditor sought summary judgment on the remainder of the debtor's complaint.
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Court
:
- FRBP
In re Clements
Mar
04
2013
Ruling
Claim temporarily allowed so that creditor could vote on debtor's plan.
Procedural posture
Debtor declared chapter 11 bankruptcy and proposed a plan for paying his creditors. A creditor filed a claim in the amount of $4,391,057 against the debtor's bankruptcy estate, and the debtor filed an objection to the claim. The creditor filed a motion by and through her guardian which requested an order pursuant to Fed. R. Bankr. P. 3018 that temporarily allowed her claim so she could vote on the debtor's plan.
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Court
:
- FRBP
In re Brier Creek Corporate Ctr. Assocs. Ltd.
Feb
12
2013
Ruling
Motion for stay pending appeal of order staying arbitration until confirmation hearing denied .
Procedural posture
Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the court granted the debtors' motion for an order staying arbitration which the bank had demanded against individuals and entities that guaranteed debts the debtors owed. The bank asked the court to stay its order pending appeal.
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Court
:
- 28 U.S.C.
In re Brier Creek Corporate Ctr. Assocs. Ltd. Pship v. Bank of Am. (In re Brier Creek Corporate Ctr. Assocs. Ltd. Pship)
Feb
08
2013
Ruling
Bankruptcy court refused to abstain from or compel arbitration of contract suit that addressed core issues relating to creditor bank's claims.
Procedural posture
Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the bank filed a motion which asked the court to abstain from hearing the case and to compel arbitration. The court held a hearing on the bank's motion.
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Court
: