Texas v. Driskell (In re Driskell)
May
02
2016
Ruling
Discharge denied due to debtor's failure to keep adequate records, list accounts and sources of income or explain cash withdrawals.
Issue(s)
Should debtors' discharge be denied for failure to keep or preserve books and records, filing false schedules, statements of financial affairs, and false testimony, failure to provide a satisfactory explanation for the loss or deficiency of assets and failure to disclose assets?
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Court
:
- 11 U.S.C.
In re Klein
Jan
29
2016
Ruling
Debtor whose prior chapter 13 case was filed more than two years earlier was eligible for a discharge.
Issue(s)
Was debtor ineligible for a chapter 13 discharge in his current case because he received a chapter 13 discharge within the two years prior to filing this case or was the two-year period to be measured from the petition date of the earlier case?
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Court
:
In re Bates
Jan
26
2016
Ruling
Relief granted under involuntary petition where debtor was generally not paying debts as they came due.
Issue(s)
Should an order for relief be entered on an involuntary petition filed for the CEO of chapter 7 debtor LLC?
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Court
:
Lowe v. DeBerry (In re DeBerry)
Oct
28
2015
Ruling
Proceeds from postpetition sale of exempt homestead were not property of the estate.
Issue(s)
Whether the proceeds from the post-petition sale of a chapter 7 debtor's properly exempted homestead be recovered by trustee if not reinvested in another homestead within six months following the date of sale as required by state law?
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Court
:
In re Alexander
Sep
01
2015
Ruling
Postdischarge law suit alleging claims only against debtor's deceased spouse did not violate stay.
Issue(s)
Did postdischarge suit against deceased debtor violate the discharge injunction in joint debtor's case?
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Court
:
- 11 U.S.C.
In re Woerner
Aug
21
2015
Ruling
Amended counsel fee application allowed with reduction for fees incurred in defending conversion motion when it was clear that the case had little likelihood of success.
Issue(s)
Did debtors' attorneys who opposed conversion from chapter 11 to chapter 7, where there was no reasonable likelihood of a successful plan, provide identifiable, tangible, and material benefit to the estate so as to justify their fees?
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Court
:
- 11 U.S.C.
Ali v. Merchant (In re Ali)
Jul
23
2015
Ruling
Four of creditor's proofs of claim allowed but creditor sanctioned for filing of UCC financing statements in violation of the automatic stay.
Issue(s)
Did creditors violate the automatic stay by recording six UCC financing statements and should their 11 proofs of claim be allowed?
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Court
:
- 11 U.S.C.
Huriega v. Nationstar Mortg. LLC (In re Huriega)
Jun
01
2015
Ruling
Mortgage secured by deed of trust on a portion of debtor's primary residence could not be modified.
Issue(s)
Whether a Deed of Trust was a claim secured only by a security interest in real property that was the debtor's principal residence within the meaning of 11 U.S.C.S. § 1322(b)(2) where the Deed of Trust was only secured by a portion of debtor's principal residence.
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Court
:
Helvetia Asset Recovery Inc. v. Kahn (In re Kahn)
Mar
27
2015
Ruling
State court judgment was nondischargeable due to debtor's breach of fiduciary duty through willful and malicious diversion of funds.
Issue(s)
Was state court judgment based on debtor's diversion of funds nondischargeable?
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Court
:
In re Shree Mahalaxmi Inc.
Dec
15
2014
Ruling
Oversecured creditor could recover reasonable attorneys' fees and costs it incurred to enforce its rights.
Issue(s)
Could oversecured creditor recover reasonable attorneys' fees and costs it incurred to enforce its rights?
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Court
: