McDermott v. St. George (In re St. George)
May
03
2016
Ruling
Discharge denied due to debtor's failure to keep adequate financial records or explain the loss of assets.
Issue(s)
Should debtor be denied a discharge under for failing to keep or preserve records and failing to adequately explain dissipation of assets?
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Court
:
- 11 U.S.C.
In re Dochtery
Feb
18
2016
Ruling
Repossession of debtor's vehicle on day after petition date and failure to promptly return it violated the automatic stay.
Issue(s)
Did creditor's repossession of the debtor's vehicle one day after the petition date and failure to promptly return the vehicle violate the automatic stay?
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Court
:
- 11 U.S.C.
Stubbs & Perdue P.A. v. Angell (In re Anderson)
Jan
29
2016
Ruling
IRS tax claim could not be subordinated to claim for debtor's bankruptcy attorneys' fees.
Issue(s)
Did secured tax claim take priority over debtor's attorneys' claim for fees?
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Court
:
Judge or Jurisdiction information not available
Mitchell v. Anderson (In re Mitchell)
Jan
28
2016
Ruling
Creditor violated the discharge injunction but debtor was only entitled to limited actual damages.
Issue(s)
Was pro se debtor entitled to damages from pro se creditor, for prosecuting multiple lawsuits against her in violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Capretta
Dec
18
2015
Ruling
Confirmation denied due to impermissible modification of mortgage on debtors' residence.
Issue(s)
Could plan proposing bifurcation of mortgage debt secured by debtors' primary residence into secured and unsecured portions be confirmed?
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Court
:
- 11 U.S.C.
Gambrell v. Auerbach (In re Auerbach)
Oct
29
2015
Ruling
Debt was nondischargeable due to debtor's unauthorized use of creditor's credit card.
Issue(s)
Was debt for conversion based on debtor's unauthorized use of creditor's credit card nondischargeable?
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Court
:
- 11 U.S.C.
McDermott v. McGregor (In re McGregor)
Jul
31
2015
Ruling
Discharge denied due to debtor's withdrawal of funds on petition date in order to conceal assets.
Issue(s)
Should debtor's discharge be denied due to failure to disclose the total amount of cash on hand at the time of her chapter 7 filing and a false oath made by signing her petition and schedules, which allegedly did not contain assets that she should have disclosed?
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Court
:
- 11 U.S.C.
In re Roberts
Jun
30
2015
Ruling
Debtor could claim state exemption in child support awarded to debtor rather than to debtor's now adult children.
Issue(s)
Could debtor who was no longer supporting adult children claim an exemption in a child support arrearage?
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Court
:
- 11 U.S.C.
Burton Food Servs. v. Aseireh (In re Aseireh)
Mar
04
2015
Ruling
Dismissal of complaint for denial of discharge denied.
Issue(s)
Should creditor's complaint in proceeding for denial of discharge, and nondischargeability of debt, be dismissed as insufficiently pled?
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Court
:
- 11 U.S.C.
Helbling v. Payne (In re Payne)
Mar
03
2015
Ruling
Discharge revoked due to debtor's failure to obey court order to turn over tax refund.
Issue(s)
Should debtor's discharge be revoked due to failure to obey court order to turn over refund received from state court in connection with a prepetition garnishment of the debtor's wages within the preference period?
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Court
: