In re Magnum
Jun
13
2012
Ruling
Debtor's spouse sanctioned for filing two petitions in debtor's name without debtor's authorization.
Procedural posture
This matter arose from the court's concern that two bankruptcy filings in debtor's name were made without her knowledge or authority. The court instructed the chapter 13 trustee and the Bankruptcy Administrator (BA) to undertake a thorough investigation. Following the investigation, the court held a hearing to consider the Trustee's report and recommendations. The BA also filed a motion for sanctions against debtor's husband.
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Court
:
- 11 U.S.C.
In re Maggio
May
30
2012
Ruling
Motion to extend stay denied due to debtor's failure to rebut presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(B).
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Court
:
- 11 U.S.C.
In re Smith
May
21
2012
Ruling
Past fraudulent conduct was not grounds for appointment of chapter 11 trustee.
Procedural posture
A bankruptcy administrator (BA) filed a motion for appointment of a chapter 11 trustee on the grounds that the pre-petition fraudulent conduct to which the male debtor pled guilty during the bankruptcy case constitute cause under 11 U.S.C.S. § 1104(a)(1). The debtor opposed the motion, as did a creditor that provided post-petition financing to the debtors.
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Court
:
In re Shoaf
Apr
10
2012
Ruling
Confirmation denied due to objection of impaired creditor to repayment with 30-year amortization period.
Procedural posture
The debtors filed a motion to confirm their chapter 11 plan over the objection of an impaired claim pursuant to 11 U.S.C.S. § 1129(b).
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Court
:
- 11 U.S.C.
In re SRCR LLC
Apr
05
2012
Ruling
Creditor ordered to turn over repossessed airplane once debtor came current on all payments and bills.
Procedural posture
This matter came before the court on a bank's motion for relief from the automatic stay and debtor's motion for contempt and sanctions for violation of the automatic stay. A hearing was held.
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Court
:
- 11 U.S.C.
Crampton v. Koehler (In re Koehler)
Mar
05
2012
Ruling
Conversion of proceeds of sale of nonexempt personal property to exempt IRAs on eve of bankruptcy was not fraudulent.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant debtors under 11 U.S.C.S. § 548 to recover for fraudulent transfers. The court held a trial on the matter.
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Court
:
In re Goodman
Feb
17
2012
Ruling
Retroactive Social Security Income benefits intercepted by the Social Security Administration and applied to overpayment could be recovered for the estate.
Procedural posture
Pursuant to 11 U.S.C.S. § 553(b), debtor filed a motion for turnover of Social Security Insurance (SSI) benefits in the amount of $7,414.
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Court
:
- 11 U.S.C.
In re McClam
Feb
16
2012
Ruling
Relief from stay in debtor's prior case could not be carried over into current case absent extreme abuse.
Procedural posture
This matter came before the court on a creditor's motion for relief from the automatic stay. A hearing was held. The trustee's motion to dismiss was also pending.
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Court
:
- 11 U.S.C.
In re Doe
Feb
07
2012
Ruling
Case filed by debtor's alleged guardian and later dismissed ordered removed from electronic record and sealed.
Procedural posture
A person who claimed to be a debtor's guardian filed a petition on behalf of the debtor under chapter 13 of the Bankruptcy Code. The case was dismissed in August 2004 for failure to make plan payments, and after the debtor reached the age of majority he filed a motion to reopen the case and a motion to dismiss the case ab initio.
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Court
:
- 11 U.S.C.
In re 4.98 Westgate Partners LLC
Dec
07
2011
Ruling
Relief from stay denied where creditor was adequately protected.
Procedural posture
A chapter 11 debtor, which was a single asset entity, filed a motion to value collateral and a creditor filed a motion for relief from the automatic stay or, in the alternative, for adequate protection.
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Court
: