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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Court
:
- 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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Court
:
- 11 U.S.C.
In re ES2 Sports & Leisure LLC
Sep
11
2014
Ruling
Lessor of exercise equipment not entitled to an administrative expense claim for trustee's use of the equipment in process of operating debtor's country club.
Issue(s)
Was lessor of exercise equipment entitled to an administrative expense claim for trustee's use of the equipment in process of operating debtor's country club?
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Court
:
In re Abbington Partners LLC
Jul
28
2014
Ruling
Case of corporate debtor dismissed as debtor was not represented by counsel and under the Corbin test.
Issue(s)
Could corporate debtor's case be dismissed due to "pro se" appearance and for cause due to bad faith and futility?
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Court
:
Rhodes v. Florida Metal Trading Inc. (In re Hayes Iron & Metal Inc.)
May
22
2014
Ruling
Section 541(d) did not trump trustee's rights and powers.
Issue(s)
Were trustee's powers superior to any resulting trust, constructive trust or equitable lien established by creditor?
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Court
:
- FRBP
Rutledge v. Wells Fargo Bank (In re Rutledge)
May
16
2014
Ruling
Debtor could raise objection to proof of claim in an adversary proceeding against creditor.
Issue(s)
Could debtor include an objection to creditor's proof of claim in its adversary proceeding against the creditor?
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Court
:
In re Jarrett
Apr
09
2014
Ruling
Debtor's remainder interest in real property not exempted from abandonment.
Issue(s)
Could debtor's remainder interest in real property be exempted from abandonment?
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Court
:
In re Bolden
Feb
21
2014
Ruling
Decision on debtor's motion to avoid lien withheld pending proper notice to creditor.
Issue(s)
Could lien be avoided where service upon creditor was by mail but not addressed to any particular agent or officer?
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Court
:
- 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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Court
:
- 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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Court
: