In re West
May
31
2013
Ruling
Debtor's fifth chapter 13 case dismissed with prejudice for bad faith and abuse.
Procedural posture
A hearing was held on a court's order to show cause and on a creditor's motion for relief from stay regarding a chapter 13 debtor's exempt property.
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Court
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In re Boyd
May
01
2013
Ruling
Attorneys' fees of over secured mortgage holder reduced to the extent representing duplicative services.
Procedural posture
Bankruptcy debtors proposed a plan which provided for payment of mortgage arrears over the term of the plan, and the over-secured holder of the mortgage note filed a proof of claim which included an amount of arrears significantly greater than the amount proposed to be paid in the plan. The debtors moved for a determination of fees, expenses, or charges due to the holder.
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Court
:
- 11 U.S.C.
In re Otto
Apr
22
2013
Ruling
Social Security Administration denied relief from stay to exercise right of setoff as to benefits to which debtor became entitled postpetition.
Procedural posture
The court held a hearing on the Motion of the United States, Social Security Administration (SSA), for relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d)(1) to exercise right of setoff against debtor.
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Court
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In re MCC Humble Auto Paint Inc.
Mar
29
2013
Ruling
Debtor's second case dismissed with 180-day filing bar for failure to file monthly reports, plan or disclosure statement.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss or, in the alternative, to convert a small business debtor's case to chapter 7 pursuant to 11 U.S.C.S. § 1112(b). A creditor joined in the motion, but indicated that it favored conversion.
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Court
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United States v. Spivey (In re Spivey)
Mar
29
2013
Ruling
Discharge denied due to errors in statement of financial affairs and schedules of which debtors were aware.
Procedural posture
United States Trustee ("UST") filed an adversary proceeding against chapter 7 debtors, seeking a determination that the debtors were not eligible under 11 U.S.C.S. § 727(a)(2), (3), (4), (5), (6), and (11) to have their debts discharged. The case was tried to the court.
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Court
:
- 11 U.S.C.
Hill v. Zaid (In re Zaid)
Jan
28
2013
Ruling
Transfer of interest in family partnership could be avoided.
Procedural posture
A chapter 7 trustee sought avoidance and recovery of an alleged fraudulent transfer of an interest in a family partnership from the debtor to defendant transferee, the debtor's brother, pursuant to 11 U.S.C.S. § 548(a)(1).
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Court
:
- 11 U.S.C.
Shaikh v. Memon (In re Memon)
Jan
06
2013
Ruling
Jury verdict in defamation case established nondischargeable debt for willful and malicious injury.
Issue(s)
Whether a creditor was entitled to summary judgment determining that a state court judgment collaterally estopped debtor from denying that a debt resulted from a willful and malicious injury by debtor to the creditor where the jury found that the harm to the creditor resulted from malice and from gross negligence.
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Court
:
- FRBP
In re Lopez
Dec
31
2012
Ruling
Debtor not entitled to attorneys' fees for objection to notice of postpetition mortgage fees that complied with rules when filed.
Procedural posture
The court held an evidentiary hearing on the "Notice of Post-petition Mortgage Fees, Expenses and Charges" filed by a bank (claimant), as Trustee for a mortgage loan trust, and debtor's Objection thereto. Debtor also sought an award of attorney fees under Fed. R. Bankr. P. 3002.1(i)(2).
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Court
:
- FRBP
In re Creggett
Dec
28
2012
Ruling
Incorrect notice of mortgage payment change was not grounds for sanctions.
Procedural posture
A creditor filed a notice of mortgage payment change (notice). The chapter 13 debtors objected. They also sought sanctions under Fed. R. Bankr. P. 3002.1(b), consisting of the preclusion of the creditor's presenting evidence in support of its notice and an award of attorney fees.
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Court
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In re City of Angel LLC
Dec
21
2012
Ruling
Relief from stay granted due to debtor's failure to adequately protect creditor.
Procedural posture
A creditor filed a motion to lift the automatic stay based on cause pursuant to 11 U.S.C.S. § 362(d). Debtor opposed the motion.
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Court
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