- FRBP
In re Andrews
Jul
21
2015
Ruling
Motion to vacate judgment of dismissal for failing to attend creditors' meeting denied.
Issue(s)
Should dismissal of case due to debtor's failure to attend the § 341 meeting of creditors be vacated?
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Court
:
Mine Serv. Co. v. James River Coal Co. (In re James River Coal Co.)
Jul
16
2015
Ruling
Creditor not entitled to relief from stay to offset tax funds being held on behalf of debtors.
Issue(s)
Whether a creditor was entitled to relief from the automatic stay under 11 U.S.C.S. § 362(d) in order to offset state tax refunds that it held on behalf of debtors under 11 U.S.C.S. § 553.
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Court
:
SunTrust Bank v. Matson (In re CHN Constr. LLC)
May
18
2015
Ruling
Creditor could not pursue avoidance proceeding based on transfers made by chapter 11 debtor in possession prior to conversion to chapter 7.
Issue(s)
Whether the court could authorize a creditor to commence causes of action under 11 U.S.C.S. §§ 549 and 550(a) against joint payees that engaged in business with debtor while it operated as a debtor in possession (DIP) prior to its conversion to chapter 7.
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Court
:
- 11 U.S.C.
In re Nolte
May
05
2015
Ruling
Debtor could claim exemption in IRA.
Issue(s)
Could debtor claim an exemption in an IRA account?
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Court
:
Terry v. Evans (In re Evans)
Mar
26
2015
Ruling
Trustee could sell property in which debtor held a one-half interest pursuant to property settlement with former spouse.
Issue(s)
Could trustee sell property in which debtor held a one-half interest pursuant to property settlement with former spouse?
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Court
:
- 11 U.S.C.
Denke v. PNC Bank N.A. (In re Denke)
Jan
23
2015
Ruling
Mortgagees were bound by court adjudication of claims but co-debtor's contingent claim was disallowed.
Issue(s)
Whether mortgagees' proofs of claim should be allowed in any amount whether sum that the chapter 13 trustee has already paid to non-filing co-debtor former spouse should be returned to the trustee as improperly paid?
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Court
:
- 11 U.S.C.
Denke v. PNC Bank N.A. (In re Denke)
Jan
23
2015
Ruling
Mortgagees were bound by court adjudication of claims but co-debtor's contingent claim was disallowed.
Issue(s)
Whether mortgagees' proofs of claim should be allowed in any amount whether sum that the chapter 13 trustee has already paid to non-filing co-debtor former spouse should be returned to the trustee as improperly paid?
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Court
:
- 11 U.S.C.
Meredith v. Wells Fargo Bank (In re Meredith)
Nov
26
2014
Ruling
Proceeding filed on day case was closed to invalidate post-stay foreclosure dismissed due to lack of impact on case.
Issue(s)
Should proceeding to set aside granting of relief from stay and invalidate subsequent foreclosure, filed by debtor on day case was closed, be dismissed?
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Court
:
Emiko Bd. v. AMF Bowling Worldwide Inc. (In re AMF Bowling Worldwide Inc.)
Nov
18
2014
Ruling
Extension of time to file administrative expense claim denied absent excusable neglect.
Issue(s)
Was an "unknown creditor" entitled to an extension of time to file her administrative claim?
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Court
:
In re Lemus
Sep
17
2014
Ruling
Debtor not prohibited from filing chapter 13 case less than six months after prior chapter 11 case was closed.
Issue(s)
Could debtor file a chapter 13 case six months after substantial consummation and closing of prior chapter 11 case?
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Court
: