- 11 U.S.C.
In re Faircloth
Dec
18
2006
Ruling
Financial management course requirement waived for debtor with dementia and memory loss.
Procedural posture
A chapter 7 debtor filed a certification of exigent circumstances, requesting a waiver of the requirement that she complete the personal financial management course required by 11 U.S.C. § 727(a)(11).
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Court
:
- 11 U.S.C.
In re Banes
Nov
16
2006
Ruling
Dental practice did not qualify as a "health care business and appointment of health care ombudsman was not required.
Procedural posture
The chapter 7 debtor was a defunct dental practice. It had no active patients. The bankruptcy administrator moved for the appointment of a patient care ombudsman. The administrator's motion sought a determination of whether the dental practice was a "health care business,"as defined by 11 U.S.C. § 101(27A).
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Court
:
- 11 U.S.C.
In re Earls
Nov
01
2006
Ruling
Postpetition transfer of deed of trust was an unauthorized transfer that coule be avoided.
Procedural posture
A chapter 7 trustee filed a motion for an order directing the cancellation of a deed of trust recorded by a creditor in violation of the automatic stay under 11 U.S.C. § 362(a).
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Court
:
- 11 U.S.C.
In re Alston
Oct
30
2006
Ruling
Confirmation denied due to failure to provide liquidated value of estate to unsecured creditors.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtor's chapter 13 bankruptcy plan on the ground that it did not provide the liquidated value of the estate to unsecured creditors in compliance with 11 U.S.C. § 1325(a)(4).
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Court
:
- 11 U.S.C.
In re Brandon
Aug
29
2006
Ruling
Termination of stay pursuant to section 362(c)(3) applies only to debtor, not to property of the estate.
Procedural posture
Debtor filed her petition for relief in the instant case on April 17, 2006 (petition date). In the one-year period preceding that date, debtor had one case pending (prior case) under the bankruptcy code. The prior case was dismissed. The instant matter came on for hearing upon a motion by creditor to confirm termination or absence of the stay imposed by 11 U.S.C. § 362.
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Court
:
- 28 U.S.C.
In re Johnson
Aug
23
2006
Ruling
Bankruptcy court lacked jurisdiction to reopen case for determination of dispute arising from postpetition loan.
Procedural posture
A creditor filed a motion to reopen the debtors'chapter 7 case in order to obtain an order requiring the debtors to surrender the title and to execute such documents as were necessary for the creditor to perfect a lien on the title to a motor vehicle.
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Court
:
- 11 U.S.C.
In re Davis
Aug
23
2006
Ruling
Extension of stay granted where prior case was dismissed for failure to make chapter 13 plan payments and it appeared debtor would be able to fund plan in second case.
Procedural posture
A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3), in her chapter 13 bankruptcy case. A creditor objected to the motion on the ground that the debtor was unlikely to be able to make the proposed plan payments.
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Court
:
- 11 U.S.C.
In re Hunt
Aug
18
2006
Ruling
Bankruptcy court refused to extend stay in debtor's third filing in two years due to bad faith.
Procedural posture
In a bankruptcy case, which was the debtor's third bankruptcy filing in two years, the debtor moved to extend the automatic stay.
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Court
:
In re Wiley Brown & Assocs. LLC
Aug
14
2006
Ruling
Debtor could not employ inexperience attorney who also represented individual who was the 50% owner of debtor.
Procedural posture
The debtor, a limited liability company ("LLC"), filed an application to employ an attorney to represent the debtor in a chapter 11 bankruptcy case.
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Court
:
- 11 U.S.C.
In re Reid
Jul
19
2006
Ruling
Court ruled that plan did not violate section 507(a) but needed to be amended to provide for interest on domestic support obligations.
Procedural posture
Debtor moved for confirmation of his proposed chapter 13 plan. The debtor's plan proposed payment of two debts that qualified as domestic support obligations, as that term was defined in 11 U.S.C. § 101(14A) . The issue was whether the debtor's proposed treatment of these domestic support obligations satisfied the requirements of the Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
: