In re RMAA Real Estate Holdings LLC
Nov
15
2010
Ruling
Foreclosure sale was valid where court had waived 14-day stay of order granting relief from stay.
Procedural posture
Debtor and others were plaintiffs in this matter. A real estate company and others were defendants. Certain creditors asserted in their complaint that a foreclosure sale held on September 13, 2010, was not valid because the September 10, 2010, order granting relief from the automatic stay was itself stayed by Fed. R. Bankr. P. 4001(a)(3) for 14 days. A creditor (bank) secured by a first deed of trust in debtor's real estate moved to dismiss.
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Court
:
- 11 U.S.C.
Pugsley v. Jalajel (In re Jalajel)
Oct
08
2010
Ruling
Discharge denied due to debtor's failure to schedule jewelry, undervaluing of other jewelry and unauthorized postpetition sale of estate property.
Procedural posture
Plaintiff trustee filed a complaint seeking to deny the debtor a discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to schedule jewelry, his undervaluing of jewelry he did schedule, and his selling of jewelry that was property of the estate after the filing of the petition and without court authorization.
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Court
:
- 11 U.S.C.
Gordon Props. LLC v. First Owners Assn of Forty Six Hundred Condo. (In re Gordon Props. LLC)
Jun
02
2010
Ruling
Condominium association's failure to count debtor's votes at annual meeting was not a violation of stay.
Procedural posture
Chapter 11 debtor filed an action against defendant, a condominium unit owners' association, claiming that the association violated 11 U.S.C.S. § 362 when it did not count the debtor's votes at an annual meeting that was held to elect officers. The debtor asked the court for an order requiring the association to reconvene the meeting and to count its votes.
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Court
:
- 11 U.S.C.
ATM Contr. Inc. v. Mueller (In re Mueller)
Apr
28
2010
Ruling
Creditor awarded reasonable attorneys' fees in connection with successful nondischargeability proceeding.
Procedural posture
Plaintiff creditor filed an adversary proceeding seeking a determination that a debt arising from defendant chapter 7 debtor's misrepresentations in certain lien waivers was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). After the court granted the creditor's motion for summary judgment and awarded judgment to the creditor, it addressed the issue of attorney's fees.
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Court
:
- 11 U.S.C.
In re Qimonda AG
Feb
16
2010
Ruling
Patent infringement action before the International Trade Commission was subject to stay once debtor's foreign insolvency proceeding was recognized.
Procedural posture
Patent owners brought an action before the International Trade Commission for patent infringement against a debtor in foreign insolvency proceedings, and a bankruptcy court entered an order recognizing the foreign proceedings. The Commission contended that the action before the Commission was excepted from the automatic bankruptcy stay under 11 U.S.C.S. § 362(b)(4).
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Court
:
- FRBP
Gray v. Bank of Am. (In re Gray)
Jan
15
2010
Ruling
Default judgment in proceeding to strip lien due to valuation issues.
Procedural posture
Plaintiffs, debtors in two chapter 13 cases, filed complaints against defendant creditors seeking to strip off subordinate deeds of trust from their homes. The creditors, both lenders, did not defend the suits. Both debtors filed motions for default judgments pursuant to Fed. R. Bankr. P. 7055, which incorporated Fed. R. Civ. Proc. 55(b)(2).
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Court
:
- 11 U.S.C.
In re Flores
Jan
13
2010
Ruling
Motion to vacate dismissal of chapter 13 case following dismissal of prior chapter 7 case denied.
Procedural posture
The debtors filed a motion to vacate the court's prior order dismissing their chapter 13 case, following the dismissal of their prior chapter 7 case.
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Court
:
- 11 U.S.C.
American Express Centurion Bank v. Nguyen (In re Nguyen)
Jan
06
2010
Ruling
Credit card charged, including large charge for real estate tax debt were not made with intent not to pay and were dischargeable.
Procedural posture
Plaintiff creditor which issued a credit card to defendant bankruptcy debtor brought an adversary proceeding against the debtor alleging that the debt to the creditor was nondischargeable because the debtor incurred charges without the intention of paying them, including charges for real estate taxes. The debtor did not respond to the complaint, and the creditor moved for default judgment.
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Court
:
In re Builta
Sep
03
2009
Ruling
Bankruptcy petition preparer ordered to discharge excess fees due to mistakes and omissions.
Procedural posture
In this chapter 7 case, the United States Trustee (UST) moved to require a bankruptcy petition preparer (the preparer) to disgorge fees paid to him and to impose sanctions under 11 U.S.C.S. § 110(i).
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Court
:
- 11 U.S.C.
In re Saud Ahmed
Jun
15
2009
Ruling
Trustee's objection to state homestead exemption sustained due to debtor's failure to state deadline for filing with clerk.
Procedural posture
Chapter 7 trustee objected to debtor's claim of exemption. Debtor mailed his homestead deed to the clerk of the circuit court who received it more than five days after the conclusion of the first meeting of creditors. The question was whether the homestead deed was timely.
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Court
: