- 11 U.S.C.
In re Buffalo Coal Co.
Nov
15
2006
Ruling
Portion of proceeds of sale of estate property placed in escrow pending determination of which party was entitled to funds.
Procedural posture
After the debtor filed a chapter 11 bankruptcy petition, it proposed to package an unexpired lease of nonresidential property, the related mining permits, and other assets for sale. The court approved the sale after a hearing, but ordered that a portion of the purchase price be placed in escrow pending resolution of the character of those funds. The court issued a memorandum to explain its rationale.
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- 11 U.S.C.
In re Nice
Oct
30
2006
Ruling
Cramdown of automobile loan allowed for presumptive replacement value in pre-BAPCPA case.
Procedural posture
Chapter 13 debtor filed a motion pursuant to 11 U.S.C. § 1325(a)(5)(B) to cram down the value of creditor's secured claim against her personal vehicle from $56,600 to $36,050.
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In re Lee
Oct
30
2006
Ruling
Debtors could not reopen case to file amended versions of deficient reaffirmation agreements.
Procedural posture
Debtors moved to reopen, pursuant to 11 U.S.C. § 350(b), their discharged chapter 7 bankruptcy case to file two amended reaffirmation agreements to replace similar agreements that had been found to be defective and unenforceable, under 11 U.S.C. § 524. Debtors were attempting to refinance their real property and payoff the existing debts on their home and car.
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Court
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- 11 U.S.C.
Eddy v. Educational Credit Management Corp. (In re Eddy)
Sep
28
2006
Ruling
Debtor with no disabilities or medical conditions who did not make good faith effort to pay denied discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
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- 11 U.S.C.
McNemar v. Student Loan Servicing Center (In re McNemar)
Sep
28
2006
Ruling
Debtor who made voluntary decision to cease payments denied undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
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- 11 U.S.C.
In re Lackey
Sep
14
2006
Ruling
Reconsideration of dismissal for failure to comply with credit counseling requirements of BAPCPA denied.
Procedural posture
Debtor, pro se, filed a motion to reconsider the court's order dismissing his chapter 13 case based on his failure to obtain a prepetition, budget and credit counseling briefing, and based on his ineligibility to obtain a postponement or waiver of that requirement.
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:
- 11 U.S.C.
In re Brown
Sep
01
2006
Ruling
Debtor's motion to purchase cause of action from estate in closed case granted over objection of potential defendant.
Procedural posture
After bankruptcy debtors'case was closed, the debtors'former mortgagee filed an eviction action against the debtors and the debtors counterclaimed on the ground that the mortgagee engaged in improper debt collection activities. After the case was reopened, the trustee moved for leave to release the debtors' prepetition cause of action against the mortgagee to the debtors in exchange for a cash payment.
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Court
:
- 11 U.S.C.
Boyd v. Household Auto Fin. (In re Boyd)
Aug
11
2006
Ruling
Creditor's default in adversary proceeding was due to neglect of seven court notices which was not excusable.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor to avoid its lien on the debtors'vehicle as being a preferential transfer under 11 U.S.C. § 547. The creditor did not respond and a default judgment was entered against it. The creditor moved for relief from the default judgment pursuant to the "excusable neglect" standard of Fed. R. Civ. P. 60(b)(1), made applicable to bankruptcy by Fed. R. Bankr. P. 9024.
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- 11 U.S.C.
Walters Construction Inc. v. Cook (In re Cook)
Aug
08
2006
Ruling
Creditor was not entitled to summary judgment that debt was excepted from discharge for fraud absent showing of scienter.
Procedural posture
Plaintiff contractor sued defendant chapter 7 debtor, seeking to exempt a $17,000 debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) or (B) on the grounds that the debtor falsely certified a subcontractor's payroll records. The creditor moved for summary judgment.
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:
- 11 U.S.C.
In re Hall
Aug
04
2006
Ruling
Eighty-one-year-old debtor with severe physical impairment and health issues granted disability waiver of personal financial management course.
Procedural posture
A debtor filed a renewed motion for an exemption from the requirement of 11 U.S.C. § 727(a)(11) that he participate in the instructional course concerning personal financial management before being entitled to a chapter 7 discharge.
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