- 11 U.S.C.
In re Casseday
Jul
10
2012
Ruling
Debtor's exemptions forfeited on grounds of bad faith.
Procedural posture
In a voluntary chapter 7 case, the Trustee filed an objection to the debtor's exemptions.
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Court
:
- FRBP
In re Brown
Jul
03
2012
Ruling
Protective order granted due to creditor's inclusion of account numbers in proof of claim.
Procedural posture
A creditor filed proofs of claim in bankruptcy debtors' cases based on amounts due for cable television services which included the entire account numbers of the debtors. The debtors moved for a protective order to require the creditor to redact all but the last four digits of the account numbers as required by Fed. R. Bankr. P. 9037.
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Court
:
- 11 U.S.C.
In re Nolan
Jul
02
2012
Ruling
Debtors could not seek turnover of proceeds of sale of equipment after confirmation and effective date.
Procedural posture
Movants filed a Motion for Turnover of Personal Property & Leave of Court to Pursue State Law Claims Against the Trustee. Also before the court was the Objection thereto of the Chapter 11 trustee for debtors and the trustee of a Liquidating Trust. The Motion sought: (a) immediate turnover of all or portion of the proceeds from the auction of certain Equipment, and (b) leave to pursue state law remedies against the Trustee. A hearing was held.
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Court
:
- 11 U.S.C.
In re Jenkins
Jul
02
2012
Ruling
Debtor's failure of means test did not require dismissal.
Procedural posture
This matter came on for hearing on a creditor's Motion to Dismiss Debtor's Chapter 7 Bankruptcy Petition. The trustee in the case filed an objection to the Motion. Another creditor also filed an objection to the Motion. The U.S. Bankruptcy Administrator also filed an objection to the Motion. The moving creditor filed a reply to the Trustee's objection.
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Court
:
- 11 U.S.C.
In re Sweetenburg
May
18
2012
Ruling
Landlord could proceed with eviction where debtor landlord failed to make required disclosure of judgment.
Procedural posture
A landlord filed an application for judicial assistance to direct a clerk to provide a certified copy of the docket indicating that an exception to the automatic stay applied to a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 362(b)(22).
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Court
:
- 11 U.S.C.
In re Bechtold
Apr
19
2012
Ruling
Sanctions imposed against debtor for unauthorized postpetition sale of property.
Procedural posture
Bankruptcy debtors were ordered to show cause why sanctions should not be imposed against the debtors for selling real property after their bankruptcy petition was filed without authorization. The debtors moved for approval of the sale nunc pro tunc and to amend their schedules to claim an exemption in the property.
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Court
:
Pettus Props. v. VFC Partners 8 LLC (In re Pettus Props.)
Mar
20
2012
Ruling
Tortious interference with contract case properly removed as a core proceeding that would affect administration.
Procedural posture
Plaintiffs, a corporation that declared chapter 11 bankruptcy ("debtor"), an LLC, and the executor of a decedent's estate, sued defendant creditor in the Superior Court for Union County, North Carolina, alleging, inter alia, that the creditor committed tortious interference with a contract. The creditor removed the action to the bankruptcy court, and plaintiffs sought an order remanding the case to state court and/or for permissive abstention.
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Court
:
- 11 U.S.C.
Belfor USA Group Inc. v. Helms (In re Helms)
Feb
14
2012
Ruling
Prepetition assignment of insurance proceeds could not be avoided and proceeds were not property of the estate.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy trustee seeking a declaration that insurance proceeds paid to bankruptcy debtors as a result of a fire that destroyed the debtors' residence belonged to the creditor by assignment as the contractor which rebuilt the residence. The creditor and the trustee cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Malone v. Golden (In re Malone)
Jan
19
2012
Ruling
Creditor's telephone calls and emails to debtor violated discharge injunction.
Procedural posture
Debtors brought an adversary proceeding against creditor alleging that the creditor violated the bankruptcy discharge injunction by making telephone calls and sending emails to the debtors in an attempt to collect a loan debt which was discharged in the debtors' bankruptcy.
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Court
:
- 11 U.S.C.
Scott v. Family Dollar Stores Inc. (In re Family Dollar FLSA Litig.)
Oct
14
2011
Ruling
Debtors estopped from pursuing undisclosed Fair Labor Standards Act causes of action.
Procedural posture
Procedural Posture: One plaintiff employee opted into a Fair Labor Standards Act suit against defendant employer, and a second plaintiff employee sued the employer under the Act for unpaid wages. The employer moved for summary judgment.
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Court
: