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
:
- 11 U.S.C.
In re Bradsher
Feb
16
2010
Ruling
In state where escrow funds were considered personal property, bank's claim was not secured solely by real property that was debtor's residence and could be modified.
Procedural posture
A bank creditor objected to confirmation of the chapter 13 plan proposed by debtor on the ground that debtor was attempting to modify its secured claim in contravention of the anti- modification provision of 11 U.S.C.S. § 1322(b)(2). The creditor also objected to debtor's $ 22,780 valuation of her residence.
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Court
:
- 11 U.S.C.
In re Remember Enters.
Feb
05
2010
Ruling
Trustee's application to sell debtor's restaurant equipment granted over objection of creditor.
Procedural posture
A bankruptcy trustee applied for approval to sell a bankruptcy debtor's restaurant equipment to the debtor's principal who would also assume the debtor's rent and utilities obligations for the restaurant property. A creditor which leased another property to the debtor objected to the sale and moved to dismiss the debtor's case on the ground that the proposed sale was solely for the purpose of avoiding successor liability under state law.
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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
:
- 11 U.S.C.
In re North End Props. LLC
Jan
22
2010
Ruling
Relief from stay denied as to 29 of 30 properties absent showing of lack of value in excess of indebtedness or that the properties were not necessary for an effective reorganization.
Procedural posture
On December 30, 2009, forty-five separate Motions for Relief From Stay filed by a mortgage company (creditor) came on for hearing, after proper notice. As a consequence of the entry of a Consent Order with regard to 15 properties, there remained for hearing, on December 30, 2009, thirty (30) additional Motions (the Contested Motions).
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Court
:
Saslow v. PRLAP Inc.
Jan
20
2010
Ruling
Trustee could avoid deed of trust on entireties property signed only by one debtor spouse in order to sell the property for benefit of the estate.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a husband and wife who declared chapter 7 bankruptcy, a bank, and others, seeking a judgment under 11 U.S.C.S. § 544(a) which allowed him to avoid a deed of trust on real property the husband and wife owned, and also allowed him to recover and sell the property for the benefit of the husband and wife's bankruptcy estate. The trustee filed a motion for summary judgment.
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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
:
- 11 U.S.C.
In re Schofield-Johnson LLC
Jan
13
2010
Ruling
Bad faith dismissal denied where debtor's chapter 11 case was not futile.
Procedural posture
The United States moved to dismiss a chapter 11 debtor's case for lack of good faith pursuant to 11 U.S.C.S. § 1112(b). Alternatively, it moved to lift the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2).
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Court
:
In re Dalton
Jan
07
2010
Ruling
Chapter 13 debtor's discharge denied as prior chapter 7 discharge was received in case converted from chapter 13 and filed less than four years previously.
Procedural posture
The United States Bankruptcy Administrator (BA) filed a motion for an order denying a chapter 13 debtor's discharge on the grounds that she was ineligible for a discharge under 11 U.S.C.S. § 1328(f).
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Court
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