City of Clarksburg v. Sprouse (In re Sprouse)
Apr
15
2008
Ruling
Claim based on creditor city's postpetition demolition of property pursuant to prepetition condemnation was discharged in debtor's bankruptcy.
Procedural posture
Debtors filed a no-asset, chapter 7 bankruptcy case on September 3, 2003. Earlier that year, on April 23, 2003, plaintiff, the City of Clarksburg, condemned property debtors owned as being dilapidated. As a result of this condemnation, the City razed the property on September 8, 2006, for the cost of $ 4,900. The City sought to collect this amount from debtors as a post-petition obligation. Pending were cross-motions for summary judgment.
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Court
:
In re Vandernick
Mar
31
2008
Ruling
Hanging paragraph did not prevent application of prime-plus interest on claims secured by vehicles.
Procedural posture
In separate cases, bankruptcy debtors purchased vehicles within the period prior to filing their bankruptcy petitions which implicated the provision of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5) barring application of 11 U.S.C.S. § 506 to claims secured by the vehicles. The debtors proposed plans with minimal or no interest to creditors holding such claims, and the creditors objected to confirmation of the plans.
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Court
:
- 28 U.S.C.
Grimes v. First-Citizens Bank & Trust Co. (In re Grimes)
Mar
31
2008
Ruling
Negligence action against bank and its officials would benefit creditors and was related to debtor's bankruptcy.
Procedural posture
Plaintiff debtor objected that the bankruptcy court lacked jurisdiction under 28 U.S.C.S. § 157(b)(5) to hear his action against defendants, a bank and its officials, for negligence.
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Court
:
In re Bland
Mar
31
2008
Ruling
Contributions from non-debtor spouse could be considered in determination that debtor was eligible under chapter 13.
Procedural posture
A creditor objected that a debtor was not an individual with regular income and was ineligible for chapter 13 relief under 11 U.S.C.S. § 109(e).
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Court
:
In re Linn
Mar
10
2008
Ruling
Confirmation granted over objection of trustee that debtor was not devoting all disposable income to plan where it was in best interests of creditors for debtor to remain in chapter 13.
Procedural posture
The chapter 13 Trustee objected to the confirmation of the chapter 13 plan proposed by the debtor on the basis that the plan failed to commit all his disposable income to the plan to the payment of unsecured creditors, as required by 11 U.S.C.S. § 1325(b).
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Court
:
- 11 U.S.C.
In re Windwood Heights Inc.
Feb
25
2008
Ruling
Relief from stay to allow foreclosure in "single asset real estate" case denied where possibility for equitable plan existed.
Procedural posture
Debtor developer filed a petition under chapter 11 of the Bankruptcy Code in the State of New Jersey, and the case was transferred to the Northern District of West Virginia. A judgment creditor filed a motion for relief from the automatic stay, pursuant 11 U.S.C.S. § 362(d)(3). The debtor opposed the motion.
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Court
:
- 11 U.S.C.
Leneski v. Smith (In re Smith)
Dec
18
2007
Ruling
Leaving leased premises in sordid condition did not rise to level of willful and malicious injury and did not render debt to landlord nondischargeable.
Procedural posture
A judgment creditor of chapter 7 debtors sought pro se to except a debt from the debtors'discharge pursuant to 11 U.S.C. § 523(a)(6).
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Court
:
- 11 U.S.C.
In re Fiddler
Dec
18
2007
Ruling
Appreciation in value of debtor's property was not grounds for trustee's modification of confirmed plan.
Procedural posture
The debtors filed for relief under chapter 13. A chapter 13 trustee filed a motion to modify a confirmed chapter 13 plan, pursuant to 11 U.S.C. § 1329. The trustee sought to modify the plan so that the debtors would pay 100 percent of all filed claims. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
In re Campbell
Dec
18
2007
Ruling
Debtor had absolute right to voluntary dismissal of chapter 13 case.
Procedural posture
A creditor of a chapter 13 debtor objected to the voluntary dismissal of the debtor's case pursuant to 11 U.S.C. § 1307(b) and sought to set aside the sale of the debtor's real property as unauthorized under 11 U.S.C. § 363.
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Court
:
- 11 U.S.C.
In re Iams Funeral Home Inc.
Dec
06
2007
Ruling
Attorney general's action alleging violation of funeral laws was excepted from stay as exercise of police and regulatory power.
Procedural posture
A state attorney general sought entry of an order that declared all preneed funeral contracts held by a chapter 11 debtor to be excepted from property of the debtor's bankruptcy estate, and confirmed that the automatic stay, 11 U.S.C. § 362, did not apply to litigation initiated by the attorney general against the debtor for alleged violations of state law.
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Court
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