Rousseau v. Stalnaker (In re Stalnaker)
Jan
22
2014
Ruling
Debt was nondischargeable due to fraudulent certification of condition of home to creditor purchaser.
Issue(s)
Did debtor seller's fraudulent misrepresentation of the actual condition of property to purchaser and altering its appearance of the property by covering up and/or concealing structural issues result in nondischargeable debt?
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Court
:
- 11 U.S.C.
In re Russell
Jan
21
2014
Ruling
Claim disallowed as filed after bar date.
Issue(s)
Should proof of claim filed more than 550 days after the bar date be disallowed.
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Court
:
- 11 U.S.C.
Gulf Coast Cmty. Fed. Credit Union v. Whorton (In re Whorton)
Jan
16
2014
Ruling
False representation relating to future filing of vehicle title with secretary of state was not basis for nondischargeable debt.
Issue(s)
Was false representation relating to a future action, filing of vehicle title with secretary of state, grounds for nondischargeability.
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Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Jan
06
2014
Ruling
Creditor's refusal to furnish debtor with application for certificate of title to vehicle violated stay.
Issue(s)
Did creditor's refusal to provide debtor with application for certificate of title to motor vehicle violate the automatic stay.
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Court
:
In re Wyatt & McAlister PLLC
Nov
07
2013
Ruling
Lawyer sanctioned for continuing to litigate issue of ability to file petition on behalf of professional LLC which only other member opposed.
Issue(s)
Should lawyer be sanctioned for filing bankruptcy petition on behalf of LLC with permission of only one of two members and for continuing to contest dismissal.
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Court
:
In re Tucker
Oct
28
2013
Ruling
Debtor could not modify plan in order to surrender collateral and treat deficiency as unsecured due to lack of good faith.
Issue(s)
Could debtor modify plan so as to surrender collateral and have any deficiency treated as an unsecured claim.
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Court
:
Hoffmeister v. Early (In re Early)
Sep
30
2013
Ruling
Creditor of builder but not of debtor who was builder's sole owner, lacked standing to object to discharge.
Issue(s)
Could creditor with claim against builder object to discharge of debtor who was builder's principal.
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Court
:
Leverette v. Community Bank (In re Leverette)
Sep
25
2013
Ruling
Debtor's failure to immediately file turnover order was not a defense to creditor's willful violation of stay.
Issue(s)
Did creditor violate stay by repossessing debtor's tractor or was conduct excused due to debtor's failure to immediately file turnover order.
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Court
:
- 11 U.S.C.
Fidelity Natl Title Ins. Co. v. Colson (In re Colson)
Sep
23
2013
Ruling
Debt was nondischargeable due to debtor's comingling of trust and personal funds.
Issue(s)
Did debtor's commingling of personal and trust funds to detriment of creditor title insurance company result in nondischargeable debt .
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Court
:
- 11 U.S.C.
Greer v. Healthcare Fin. Servs. LLC (In re Greer)
Aug
19
2013
Ruling
Student loan debt could not be discharged via language in chapter 13 plan.
Issue(s)
Did language of confirmed plan bar collection of student loan debt where debtor had not filed an adversary proceeding seeking discharge of the debt.
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Court
: