- 11 U.S.C.
In re PRL LLC
Jan
08
2009
Ruling
No asset chapter 7 case dismissed as debtor was not an individual and not entitled to discharge.
Procedural posture
Creditor moved for dismissal for cause of the debtor's chapter 7 case contending that there were no assets available for distribution to creditors, and that, because the debtor was not an individual, it was not entitled to discharge.
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Court
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Claybrook v. Bell
Oct
20
2008
Ruling
Bankruptcy court properly denied discharge for debtor's failure to maintain financial records.
Procedural posture
Appellant debtor challenged a decision of the Bankruptcy Court for the Eastern District of Texas, Sherman Division, that: (1) denied her discharge for failure to maintain adequate financial records pursuant to 11 U.S.C.S. § 727(a)(3); (2) found appellee creditor's claim nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A); and (3) denied the debtor's motion for reconsideration.
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Court
:
In re Starmark Clinic LP
Oct
20
2008
Ruling
Chapter 11 case of health care debtor ordered converted to chapter 7 in best interests of creditors.
Procedural posture
The United States Trustee filed a motion to dismiss a chapter 11 debtor's case and/or convert it to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
In re Graves
Sep
04
2008
Ruling
Debtor in possession could employ attorneys that had handled prepetition divorce appeal and post-divorce motions.
Procedural posture
Pursuant to 11 U.S.C.S. §§ 1107(b) and 327(e), a chapter 11 debtor in possession sought approval for the employment as special counsel of two law firms that had represented her pre-petition, the first to represent her in post-trial divorce court motions, and the second to represent her in an appeal from the divorce decree and other judgments entered by the divorce court. The debtor's former spouse objected to the application.
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Court
:
- 11 U.S.C.
In re Hardman
Aug
29
2008
Ruling
Stay extended due to debtor's rebutting of presumption of bad faith.
Procedural posture
A chapter 13 debtor filed a motion for a continuation of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3)(B). A secured creditor opposed an extension of the stay, or, alternatively, sought adequate protection.
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Court
:
In re Eastham
Aug
26
2008
Ruling
Relief from stay to proceed against debtor's stock denied where there was sufficient equity to protect creditor.
Procedural posture
A creditor filed a motion for relief from the automatic stay against a debtor's shares of its common stock and a waiver of the 11 U.S.C.S. § 362(e) requirement.
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Court
:
- 11 U.S.C.
In re Taylor
Aug
11
2008
Ruling
Debtor's attorney not entitled to fees for data entry.
Procedural posture
Debtor's counsel (applicant) applied for an award of fees in connection with his representation of debtor. At issue, inter alia, was whether applicant's fee request satisfied the criteria in 11 U.S.C.S. § 330 and whether applicant was entitled to compensation at his professional rate for certain data entry.
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Court
:
Distad v. United States (In re Distad)
Aug
08
2008
Ruling
Post-Young efforts by IRS to collect taxes owed outside of revised look-back period violated stay.
Procedural posture
Plaintiff debtor, appearing pro se, brought claims against defendant United States Internal Revenue Service (IRS) alleging that its efforts to collect his 1992 income tax liability, which was discharged in bankruptcy, constituted a violation of his bankruptcy discharge injunction under 11 U.S.C.S. § 524(a). The court considered what remedies were available to the taxpayer.
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Court
:
In re Garcia
Jun
16
2008
Ruling
Approval of reaffirmation agreement denied where schedules and testimony indicated debtor could not make payments.
Procedural posture
A creditor filed a reaffirmation agreement made with the debtor in a chapter 7 case.
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Court
:
First Investors Fin. Serv. V. Landrum (In re Landrum)
Jun
03
2008
Ruling
Relief from stay denied where secured creditor was adequately protected.
Procedural posture
Movant creditor filed an amended motion for relief from the automatic stay under 11 U.S.C.S. § 362(d) and the co-debtor stay regarding respondent debtors' exempt property.
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Court
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