In re Ellis
Jun
02
2009
Ruling
Case filed in bad faith to frustrate former spouse's claim ordered dismissed rather than withdrawn after settlement.
Procedural posture
Debtor filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Code. Debtor moved to withdraw her chapter 13 petition. The trustee objected to the withdrawal, but recognized that debtor had a right to dismiss her case.
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Court
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Branch Banking & Trust Co. v. Adam (In re Adam)
Jan
29
2009
Ruling
Loan guarantees upon which bank did not reasonably rely were dischargeable.
Procedural posture
Creditor bank, made three loans to two entities controlled by the debtor, which he individually guaranteed. The bank sought to have the debtor's guarantees determined to be nondischargeable because he provided false personal financial statements to obtain the loans, under 11 U.S.C.S. § 523(a)(2)(B), alternatively, he willfully and maliciously injured the bank, under 11 U.S.C.S. § 523(a)(6).
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Court
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In re Demesones
Oct
28
2008
Ruling
Evidentiary hearings necessary to determine whether cases should be dismissed for abuse based on improper deductions.
Procedural posture
The United States Trustee filed motions to dismiss each of the bankruptcy cases for abuse, contending that they should be dismissed for presumptive abuse under 11 U.S.C.S. § 707(b)(2), , in the alternative, actual abuse under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Rodriguez
Sep
18
2008
Ruling
Vehicles could not be exempted as tenants by the entirety property where state law did not allow for entireties ownership of vehicles.
Procedural posture
Debtors claimed two motor vehicles as exempt under 11 U.S.C.S. § 522(b)(3)(B), asserting that the vehicles were exempt as tenants by the entirety property. The chapter 7 trustee objected, contending that motor vehicles would not be held as tenants by the entirety.
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Court
:
- 28 U.S.C.
In re Lee
Sep
12
2008
Ruling
Debtor with income above 150 percent of poverty line not entitled to waiver of filing fee but allowed to make payments in installments.
Procedural posture
A debtor filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1).
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Court
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GE Money Bank v. Frazier
Jul
31
2008
Ruling
Service on bank by certified mail which was unclaimed, rather than first class mail postage prepaid, was insufficient.
Procedural posture
Plaintiff bank sought entry of a default judgment against defendant debtors in an adversary proceeding filed in connection with debtors'chapter 7 case. Debtors entered a special appearance for the purpose of challenging the adequacy of plaintiff's service of the summons and complaint and seeking to quash the same. At issue was whether the service obtained by the bank complied with Fed. R. Bankr. P. 7004(b)(9).
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Court
:
- 11 U.S.C.
In re Bazzarelli
Jun
23
2008
Ruling
Reaffirmation agreement ineffective due to attorney's failure to check box on Part C and debtor's failure to complete Part D.
Procedural posture
A debtor and a creditor proposed an amended reaffirmation agreement.
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Court
:
- 11 U.S.C.
In re Roeung
May
14
2008
Ruling
Court refused to reopen case dismissed due to debtor's failure to complete required financial management course absent reasonable explanantion.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The petition was dismissed and the debtor did not receive a discharge pursuant to 11 U.S.C.S. § 727(a)(11) because the debtor did not complete the required financial management course as described in 11 U.S.C.S. § 111. The debtor sought to reopen the proceedings.
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Court
:
- 11 U.S.C.
In re Bekric
May
14
2008
Ruling
Reaffirmation agreement could not be approved where debtor's counsel failed to complete the required certification.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor and a creditor submitted a proposed reaffirmation agreement.
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Court
:
- 11 U.S.C.
In re Arana
May
07
2008
Ruling
Motion to reopen case to file certificate of completion of financial management course denied as ignorance of requirement was not excuse for failure to timely comply.
Procedural posture
A debtor filed a motion to reopen the chapter 7 bankruptcy case so that the debtor could file a certificate of completion of the required financial management course, pursuant to 11 U.S.C.S. § 727(a)(11).
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Court
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