- 11 U.S.C.
In re Fortenberry
Dec
30
2014
Ruling
Plan could cram down loan on manufactured home but could not propose to pay less than the amount determined by the court or fail to include interest.
Issue(s)
Could debtor's plan cram down loan secured by a manufactured home and not provide for payment of interest on the loan?
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Court
:
- 11 U.S.C.
In re Crumedy
Sep
02
2014
Ruling
Debt was nondischargeable where debtor knew loan would not be repaid when it was executed.
Issue(s)
Was loan debt incurred within two weeks of petition date nondischargeable where debtor made no payments and testified at the creditors' meeting that she knew at least one year prior that she intended to file for bankruptcy?
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Court
:
- 11 U.S.C.
Barvi v. Broadus (In re Broadus)
Aug
26
2014
Ruling
Debt was nondischargeable in part due to debtor's misappropriation of proceeds of sale of creditor's collateral.
Issue(s)
Did debtor's misappropriation of proceeds of sale of creditor's collateral result in nondischargeable debt?
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Court
:
In re Adams
Aug
21
2014
Ruling
Actions taken by repossession men as agents of creditor violated stay and were grounds for damages.
Issue(s)
Should creditor be sanctioned due to violation of stay by its agents who repossessed debtor's vehicle?
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Court
:
- 11 U.S.C.
Country Credit LLC v. Martin (In re Martin)
Jul
10
2014
Ruling
Debtor's failure to inform lender of child support obligation when applying for loan was not grounds for nondischargeable debt where lender did not specifically ask for that information.
Issue(s)
Whether the Debtor made misrepresentations or omissions to lender regarding outstanding child support obligations that would render the resulting debt nondischargeable?
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Court
:
- 11 U.S.C.
West v. GJ Tax Sale Props. LLC (In re West)
May
22
2014
Ruling
Tax sale was void due to untimely notice to debtor.
Issue(s)
Should tax sale be set aside as void where debtor did not receive notice in accordance with state law.
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Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Apr
10
2014
Ruling
Prepetition seller's postpetition withholding of title to vehicle purchased by debtor violated stay and was grounds for damages.
Issue(s)
Did individual who sold vehicle to debtor prior to petition date violate the automatic stay by refusing to turn over title to the vehicle after postpetition accident?
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Court
:
- 11 U.S.C.
Parker v. Smith (In re Parker)
Feb
25
2014
Ruling
Creditor's delayed production of motor vehicle title was not grounds for reversal of judgment of stay violation.
Issue(s)
Should judgment for violation of stay for failure to turn over certificate of title to motor vehicle be reversed given creditor's delayed production of the certificate?
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Court
:
- FRBP
Fugitt v. Mississippi Dept of Revenue (In re Fugitt)
Feb
25
2014
Ruling
Motion for sanctions denied due to debtor's failure to allow creditor to amend answer.
Issue(s)
Could debtor's motion for sanctions against state department of revenue for "disingenuous" answer to complaint in proceeding to determine the validity and dischargeability of taxes be granted absent compliance with "safe harbor" service requirement?
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Court
:
- 11 U.S.C.
In re Kennedy
Feb
12
2014
Ruling
Involuntary petition granted where petitioning creditors met all necessary requirements and good faith finding was not required.
Issue(s)
Did petitioning creditors establish required elements for filing an involuntary petition and was the petition filed in good faith?
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Court
: