Jacksonville Airport Inc. v. Michkeldel Inc.
Jan
19
2006
Ruling
Creditor was not entitled to vote on debtor's reorganization plan since the debtor had objected to the creditor's claim.
Procedural posture
In defendant debtor's chapter 11 bankruptcy proceeding, plaintiff creditor voted to reject the debtor's reorganization plan. The debtor refused to count the creditor's vote, maintaining that the creditor's claim was not allowed. The bankruptcy court held that debtor did not have to count the creditor's vote, and, on the creditor's appeal, the district court affirmed. The creditor appealed.
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Deutsche Bank Natl Trust Co. v. Martin (In re Martin)
Jan
18
2006
Ruling
Creditor was granted relief from the automatic stay to enforce a deed of trust against real property over the objections of the debtor's wife even though the property affected was not estate property but rather property of the debtor's wife and son and thus unaffected by the stay.
Procedural posture
Creditor filed a motion for relief from the automatic stay in order to enforce a deed of trust against real property. The debtor's schedules do not list any interest in the property, and neither the chapter 7 trustee nor the debtor opposed the motion. The only opposition was filed by the debtor's wife, who represented that she and her son were the only owners of the property and that she was the only maker of the promissory note.
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Court
:
- 11 U.S.C.
In re Feagins
Jan
18
2006
Ruling
Debtor's counsel was ordered, on trustee's motion, to return a portion of the counsel's fees for providing inadequate services.
Procedural posture
A bankruptcy debtor's second amended chapter 13 plan was eventually confirmed after the trustee repeatedly advised counsel for the debtor that prior plans were not confirmable. The trustee moved pursuant to 11 U.S.C. § 329 for an order requiring counsel to return attorney fees, and counsel moved to sanction the trustee for aggressive behavior.
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Court
:
- 11 U.S.C.
In re Wright
Jan
13
2006
Ruling
Debtors were granted an extension of the automatic stay from a prior chapter 13 case since the debtors showed that after failing to comply with the prior plan due to a job loss, that the debtors had begun operating a business that provided enough income to fund the current proposed plan.
Procedural posture
A prior chapter 13 bankruptcy by debtors, husband and wife, was dismissed based on the debtors'failure to make payments required by their confirmed plan. The debtors filed a second chapter 13 bankruptcy petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
Burton v. Educ. Credit Mgmt. Corp. (In re Burton)
Jan
11
2006
Ruling
Student loans were deemed nondischargeable since debtor failed to show that debtor's mental inllness was likely to prevent future employment or that debtor had made a good faith effort to repay the loans.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant student loan creditors, seeking to discharge his student loans based on undue hardship pursuant to 11 U.S.C. § 523(a)(8), due to mental illness and his inability to maintain employment. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Mundy
Jan
10
2006
Ruling
Debtor was granted a motion to avoid a lien on common household goods but not on other personal property.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor, seeking to avoid a lien that the creditor had in certain personal property owned by the debtor, pursuant to 11 U.S.C. § 522(f)(1)(B). The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Thompson v. Brookshire (In re Brookshire)
Jan
10
2006
Ruling
Damages award from a breach of fiduciary duty and conversion action was deemed nondischargeable since the state court's finding that the debtor had harmed the decedent financially and physically supported a finding that the debtor had acted willfully and maliciously.
Procedural posture
Plaintiffs, an administrator and a son, filed a motion for summary judgment in their adversary proceeding alleging that a state court judgment against defendant debtor for compensatory and punitive damages resulting from a breach of fiduciary duty and conversion was nondischargeable, pursuant to 11 U.S.C. § 523(a)(6).
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Court
:
- 11 U.S.C.
In re Paschal
Jan
06
2006
Ruling
Court interpreted section 362(c)(3)(A) of the Code to not have terminated all of the debtor's automatic stay protections simply because the debtor had a prior case dismissed within the preceding year but rather to have terminated only if actions were taken by creditors within the prior year.
Procedural posture
Movant, a chapter 13 debtor, sought a declaratory judgment and, in the alternative, sought a continuance of the automatic stay, requesting the court to determine the meaning of 11 U.S.C. § 362(c)(3)(A), as enacted pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, § 302.
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Court
:
- 11 U.S.C.
In re Havner
Jan
04
2006
Ruling
Debtor was denied a motion to extend the automatic stay of a chapter 13 case since, under the totality of the circumstances, the debtor failed to show the second filing was made in good faith.
Procedural posture
Debtor filed a motion to extend the automatic stay of his chapter 13 bankruptcy petition.
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Court
:
- 11 U.S.C.
Lawrence v. Direct Loan (In re Lawrence)
Jan
04
2006
Ruling
Student loan debt was deemed nondischargeable since debtor showed no evidence that repayment would impose undue hardship.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant student loan lenders to determine the dischargeability of the debtor's student loan debt based upon undue hardship, pursuant to 11 U.S.C. § 523(a)(8).
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Court
: