In re Walls
Jul
09
2013
Ruling
Issue of whether IRS secured nonpriority claim was discharged in prior case has to be resolved in an adversary proceeding as it went to eligibility.
Issue(s)
Whether a chapter 13 debtor's claim that an unsecured nonpriority claim the Internal Revenue Service ("IRS") filed against his bankruptcy estate could be resolved as a contested matter or had to be resolved in an adversary proceeding, and if an adversary proceeding was required, whether that proceeding had to be filed in the debtor's earlier bankruptcy case after that case were reopened or could be filed in the debtor's open chapter 13 case.
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Court
:
- 11 U.S.C.
Wolgin v. Pilger (In re Pilger)
May
28
2013
Ruling
Debt was dischargeable absent evidence that representation by debtor's agent was false when made.
Procedural posture
Creditors, real estate investors (the investors), filed a complaint asserting that defendant debtor's alleged obligations to the investors should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- FRBP
In re Taylor
Mar
27
2013
Ruling
Notice of payment change was not entitled to prima facie presumption of validity and disallowed where creditor did not meet necessary burden.
Procedural posture
Before the court was debtor's objection to proof of claim (the "Objection"), and the creditor's response thereto. Also before the court was the creditor's Notice of Mortgage Payment Change (the "First Payment Change") and debtor's objection thereto, as well as the creditor's Notice of Mortgage Payment Change (the "Second Payment Change"), and debtor's objection thereto. A hearing was held.
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Court
:
Lentz v. Myers (In re Myers)
Feb
14
2013
Ruling
All property held by debtor as of date of bad faith conversion to chapter 7 was property of the estate.
Procedural posture
The chapter 7 trustee sought an adjudication that certain legal causes of action pursued by defendants, debtors and their subsequently-formed corporation against third-parties in a district court action were property of the debtors' chapter 7 bankruptcy estate, and whether the corporation was a successor in interest to the debtors.
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Court
:
- 11 U.S.C.
County Credit LLC v. Tillman (In re Tillman)
Nov
30
2012
Ruling
Debtor spouse's failure to disclose outstanding payday loan to creditor resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary action against joint debtors alleging debts owed by each debtor were nondischargeable under 11 U.S.C.S. § 523(a)(2) because the debtors failed to disclose payday loans allegedly outstanding at the time each debtor obtained their respective loan from the creditor.
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Court
:
- 11 U.S.C.
In re Superior Boat Works
Nov
21
2012
Ruling
Plan could be confirmed where all members of a particular class casting ballots approved.
Procedural posture
This matter came before the court to consider the Amended Plan of Reorganization and the Report of Ballots and Request for Confirmation Pursuant to 11 U.S.C.S. § 1129(b)(1) (the Ballots Rep, t) submitted by debtor. No objection to the Plan was filed.
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Court
:
In re Superior Boat Works
Nov
21
2012
Ruling
Corporation controlled by debtor's principals was not entitled to an administrative expense claim for attorneys' fees.
Procedural posture
A related corporation controlled by the same principals as the debtor filed a motion for determination that its payments to two attorneys for pre-petition fees and costs constituted priority administrative expenses and were reimbursable. No objection to the motion was filed.
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Court
:
- 11 U.S.C.
In re Prevalence Health LLC
Nov
07
2012
Ruling
Transfer to debtor's president and chief operating officer avoided as preferential given inability to establish ordinary course of business exception.
Procedural posture
The chapter 11 trustee filed an action against defendant the president and chief operating officer of the debtor, to set aside a payment as a preference pursuant to 11 U.S.C.S. § 547. Defendant argued that the transfer was not a preference because it was made in the ordinary course of the debtor's business under § 547(c)(2). Both parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Cooper
Aug
31
2012
Ruling
Confirmation denied as student loan debt was treated unfairly.
Procedural posture
A below-median income debtor who was not eligible to declare chapter 7 bankruptcy filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan that did not pay anything to unsecured creditors. A hospital that was owed $24,760 filed an objection to confirmation of the debtor's plan but negotiated a settlement with the debtor, and the debtor asked the court to approve the settlement and to confirm her amended plan.
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Court
:
Johnson v. Magee Rentals Inc. (In re Johnson)
Aug
28
2012
Ruling
Actual damages and damages for emotional distress, but not punitive damages, awarded due to creditor's violation of stay despite oral notice of bankruptcy.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor seeking damages for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
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Court
: