- 11 U.S.C.
In re Reid
Feb
11
2016
Ruling
Creditor tenant's judgment against debtor landlord for failure to release personal property was nondischargeable.
Issue(s)
Was judgment against debtor landlord for refusing to return creditor tenant's personal property nondischargeable?
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- 11 U.S.C.
Cables Enter. LLC v. Dunn (In re Cables Enter. LLC)
Dec
21
2015
Ruling
Creditor's security interest in debtor's excavator could not be avoided but could be reduced by damages sustained while the excavator was in creditor's possession.
Issue(s)
Could creditor's security interest in debtor's excavator be avoided and was creditor's claim subject to offset by debtor's claim for damages?
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- 11 U.S.C.
In re Varner
May
01
2015
Ruling
Plan could not propose to lower interest rate on loan secured by mortgage on debtor's primary residence.
Issue(s)
Could a chapter 13 plan that proposed to reduce the interest rate on a mortgage secured by
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- 11 U.S.C.
In re Scipio
Mar
02
2015
Ruling
Serial filer not entitled to imposition of stay due to failure to rebut presumption of bad faith.
Issue(s)
Was debtor entitled to the imposition of the automatic stay in his third case filed within one year?
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In re Page
Oct
07
2014
Ruling
Chapter 13 case dismissed for bad faith due to debtor's failure to pay two state court judgments owed to former spouse.
Issue(s)
Whether the debtors filed their petition in good faith?
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:
- 11 U.S.C.
Robinson v. Worley (In re Worley)
Sep
18
2014
Ruling
Discharge denied based on false oaths with respect to debtor's interest in a REIT.
Issue(s)
Should debtor's discharge be denied due to intentionally undervaluation of his interest in a REIT, failure to explain deficiency of assets, failure to identify the source of exempt funds in two Roth IRA accounts, omission of ownership interest in the REIT from the original petition schedules, with intent to conceal property from the trustee and creditors?
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- 11 U.S.C.
In re Casey
Feb
19
2014
Ruling
Debtor could not cram down mortgage on property owned in tenancy by the entirety with non-debtor.
Issue(s)
Could debtor's plan include "cram down" of mortgage on rental property owned in tenancy by the entirety with non-debtor spouse?
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:
- 11 U.S.C.
In re Mitchell
Jan
27
2014
Ruling
Trustee's motion for sale of debtor's property free and clear that was filed two years after petition date denied as untimely.
Issue(s)
Was trustee's motion for sale of debtor's real property filed two years after petition date untimely.
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:
- 11 U.S.C.
In re Nance
Jun
12
2013
Ruling
Debtor in required to pay 90 percent of the NADA retail value as of the petition date in order to redeem vehicle without reduction for preconversion plan payments.
Procedural posture
The chapter 7 debtors filed a motion to redeem a vehicle pursuant to 11 U.S.C.S. § 722 for $0.
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- 11 U.S.C.
In re Assasepa
May
17
2013
Ruling
Disqualification of judge denied absent evidence of alleged financial interest in bank that allegedly violated stay.
Procedural posture
A debtor filed a motion pursuant to Fed. R. Bankr. P. 5004 to recuse or disqualify a judge from further involvement in the debtor's bankruptcy and adversary proceedings.
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