- 11 U.S.C.
In re Boyette
Oct
03
2014
Ruling
Claim of debtor's former spouse based on property division reduced to unsecured status.
Issue(s)
Was claim of debtor's former spouse a nondischargeable domestic support obligation?
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Court
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In re Love
Aug
30
2013
Ruling
Debtor ordered to properly serve application for settlement of personal injury cases on unsecured creditors prior to court issuing ruling.
Issue(s)
Could court rule on settlement where unsecured creditors had not been served or received a hearing .
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Court
:
- 11 U.S.C.
Granger v. Kerry (In re Kerry)
May
22
2012
Ruling
Theft by debtor's former spouse could not be imputed to debtor.
Procedural posture
The former employer of debtor's former wife and the employer's principal filed a petition to determine the dischargeability of a debt, alleging that its claim was non-dischargeable under 11 U.S.C.S. § 523(a)(4).
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Court
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In re Vance
Mar
12
2012
Ruling
Relief from stay granted to allow creditors to pursue pending state court action, but not recovery.
Procedural posture
Two creditors, a decedent's estate and a broadcasting corporation who each had claims against the chapter 13 debtor in state court, filed a joint motion to lift the automatic stay to allow the state litigation to proceed.
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Court
:
In re Jones
Oct
12
2010
Ruling
Penalty assessed in domestic relations case was not a domestic support obligation and was not entitled to priority status.
Procedural posture
This matter came before the court on debtor's Objection to Proof of Claim No. 2 filed by debtor's former spouse (claimant).
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Court
:
- 11 U.S.C.
Taylor v. Strongbuilt Intl Inc. (In re Strongbuilt Inc.)
Nov
09
2009
Ruling
Chapter 11 plan amended to reflect products liability insurance coverage of debtor in possession.
Procedural posture
This matter came before the court via transfer from the district court for the Southern District of Alabama, Southern Division, for a determination of whether the products liability claim of plaintiffs was discharged in the 2003 bankruptcy case of debtor and whether successor liability of defendant successor (debtor in possession), if any, was subject to insurance coverage.
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Court
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In re Adams 3 Inc.
Feb
13
2009
Ruling
Trustee's claim for reasonable and necessary costs and expenses of preservation of estate could not be surcharged against secured claim of IRS.
Procedural posture
The matter came before the Court on the chapter 7 Trustee's 11 U.S.C.S. § 506(c) Application to Recover Reasonable, Necessary Costs and Expenses of Preservation of the Estate from the secured creditor, the United States of America, Internal Revenue Service (IRS), who filed an opposition to the motion.
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Court
:
In re Howell
Nov
19
2007
Ruling
Trustee could not object to amendment of term of plan without alleging bad faith.
Procedural posture
Chapter 13 trustee objected to confirmation of the an amended chapter 13 plan filed by the debtors after confirmation of the original plan, on the grounds that the debtors could not amend the plan pursuant to 11 U.S.C. § 1329(a) to shorten the length of the plan to less than 60 months.
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Court
:
- 11 U.S.C.
In re Fells
Oct
23
2007
Ruling
Lien on mobile home that was debtors' principal residence could not be bifurcated.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. A creditor filed an objection to the proposed plan. The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Community Trust Bank v. Warren (In re Warren)
Jun
15
2007
Ruling
Payments under restitution agreement based on debtor's bank fraud was nondischargeable.
Procedural posture
Plaintiff creditor, the bank that had financed an auto dealer's floor plan, asserted that the obligations of debtor, the manager of the dealership, were nondischargeable pursuant to 11 U.S.C. § 523(a)(2), (4) and (13); the parties filed cross-motions for summary judgment. The debtor argued that the creditor's claims were time barred.
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Court
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