In re Walls
Jun
02
2010
Ruling
Confirmation denied for lack of good faith based on totality of circumstances.
Procedural posture
This matter came before the court for a hearing on debtor's proposed chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Crawford
May
19
2010
Ruling
Reaffirmation of lease that debtor had already assumed approved absent presumption of undue hardship.
Procedural posture
Debtor, pursuant to 11 U.S.C.S. § 524, filed with the court an agreement reaffirming his obligation to a creditor from which debtor was leasing a vehicle. Debtor had previously assumed the lease pursuant to 11 U.S.C.S. § 365(p). The court thereupon considered whether the agreement was subject to review under either § 524 or Fed. R. Bankr. P. 9011.
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Court
:
- 11 U.S.C.
In re Barger
May
07
2010
Ruling
Debtor's release of vehicle on which payments were current and resulting in increased income was not grounds for dismissal.
Procedural posture
A bankruptcy administrator filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(3) on the grounds that it was a case filed by a debtor whose debts were primarily consumer debts and that the granting of relief would be an abuse of the provisions of chapter 7.
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Court
:
In re Garner
Mar
09
2010
Ruling
Creditor sanctioned for failure to remove payment protection system from debtor's vehicle in violation of stay.
Procedural posture
The chapter 13 debtors filed a motion for sanctions against a creditor for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k). The debtors alleged that the creditor violated the automatic stay by failing to remove a payment protection system from the debtors' vehicle after a demand was made by the debtors' counsel.
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Court
:
Angell v. Williams (In re Williams)
Jan
27
2010
Ruling
Discharge denied due to debtor's failure to keep adequate records and fraudulent intent.
Procedural posture
Adversary plaintiff, the chapter 7 trustee, asserted claims against defendant debtors pursuant to 11 U.S.C.S. § 727(a)(3) and (a)(4)(A), among other grounds, objecting to the debtors' discharge. The trustee claimed that the debtors kept insufficient records, and engaged in a distinct pattern of nondisclosure and false statements showing a reckless indifference for the truth from which fraudulent intent could be inferred.
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Court
:
In re Harrison
Jan
25
2010
Ruling
Chapter 7 case ordered converted to chapter 13 or dismissed for abuse.
Procedural posture
Debtor's chapter 7 case came before the court upon a motion to dismiss pursuant to 11 U.S.C.S. § 707(b) filed by the U.S. Bankruptcy Administrator (hereinafter the Administrator).
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Court
:
In re D&M Land Co. LLC
Jan
15
2010
Ruling
Bank entitled to recover from forfeited earnest money from failed sales of debtor's property.
Procedural posture
Debtor, a land company that had filed a chapter 11, sought a final decree while a bank that was a secured creditor opposed the motion and filed its own motion for disgorgement of certain funds and a turnover of attorneys' fees. Issues included whether certain amounts were properly charged against the bank's interest in certain proceeds pursuant to 11 U.S.C.S. § 506(c) or whether the equitable exception in 11 U.S.C.S. § 552(b)(1) applied.
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Court
:
In re Bernardo
Jan
05
2010
Ruling
Interim distribution of sale proceeds of property jointly owned by debtor and non-debtor spouse denied where proceeds were subject to levy by IRS.
Procedural posture
A trustee filed a motion for an order authorizing the interim distribution of the net proceeds from a sale of real property jointly owned by a chapter 7 debtor and his non-debtor spouse to the non-debtor spouse pursuant to 11 U.S.C.S. § 363(j). The United States of America, on behalf of the Internal Revenue Service (IRS), objected to the motion on the grounds that the proceeds were subject to IRS levy pursuant to 26 U.S.C.S. §§ 6321 and 6331.
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Court
:
- 28 U.S.C.
Century Forest Prods. V. H.W. Indus. (In re Century Forest Prods.)
Dec
15
2009
Ruling
Bankruptcy court abstained from hearing state law collection proceeding.
Procedural posture
Plaintiff, a chapter 11 corporate debtor, filed an adversary proceeding against defendant, a Florida corporation, claiming that it was entitled to recover a prepetition account receivable from the Florida corporation in the amount of $ 3,593. The Florida corporation was served at its address in Florida, but did not file an answer or other responsive pleading. The debtor filed a motion for entry of default and default judgment.
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Court
:
- 11 U.S.C.
Northern v. Mack (In re Mack)
Sep
18
2009
Ruling
Discharge denied due to failure to schedule multiple creditors, assets and criminal judgment.
Procedural posture
Plaintiff trustee filed a complaint objecting to defendant debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A). Specifically, the complaint alleged that debtor failed to list multiple creditors, bank accounts, assets, and criminal restitution judgments on the petition. The matter was pending decision following trial.
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Court
: