- 28 U.S.C.
Byers v. Byers (In re Byers)
Oct
10
2014
Ruling
Debtor's former spouse denied waiver of appellate filing fee.
Issue(s)
Did debtor's former spouse qualify to file an appeal of nondischargeability proceeding in forma pauperis?
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Court
:
DeMarco Roofing Inc. v. Coyle (In re Coyle)
Sep
30
2014
Ruling
Debt was dischargeable absent proof of intent to defraud and given lack of fiduciary relationship that could have been breached.
Issue(s)
Was debt nondischargeable due to debtor's fraudulent misappropriation of funds?
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Court
:
- FRBP
In re Harbaugh
Apr
15
2014
Ruling
Attorneys' fees awarded to debtor due to former spouse's failure to complete settlement.
Issue(s)
Should debtor be awarded attorneys' fees due to former spouse's failure to complete settlement of claims arising in connection with the parties' divorce?
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Court
:
- 11 U.S.C.
Lowry v. Nicodemus (In re Nicodemus)
Oct
07
2013
Ruling
Contempt sanctions for violation of settlement agreement were nondischargeable.
Issue(s)
Did bankruptcy court err in holding that contempt sanction for failure to comply with a court order was nondischargeable .
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Vinson
Mar
13
2013
Ruling
Extension of time to file nondischargeability proceeding denied where creditor failed to establish cause.
Procedural posture
This matter came on for hearing before the court upon a motion to extend the deadline for filing a complaint to object to discharge under 11 U.S.C.S. § 727 or to determine dischargeability of debt under 11 U.S.C.S. § 523 filed by a creditor, as supplemented. Debtors filed an objection to the motion and another objection to the supplement.
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Court
:
- 11 U.S.C.
In re Neal
Sep
28
2012
Ruling
Transfer pursuant to marriage dissolution decree awarded to extent exceeding value received by debtor.
Procedural posture
Ex-husband challenged an order from the U.S. Bankruptcy Court for the Northern District of Ohio, Eastern Division in favor of chapter 7 trustee. The order determined that the debtor's transfer of property to her ex-husband pursuant to a marriage dissolution decree was avoidable under 11 U.S.C.S. § 548(a)(1)(B) and Ohio Rev. Code Ann. § 1336.05 and that the trustee was entitled to recover an amount calculated by the court.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stubbins v. Conesco Fin. Servicing Corp. (In re White)
Aug
30
2012
Ruling
Mortgage with faulty legal description could be avoided and preserved for benefit of the estate.
Procedural posture
Plaintiff, a chapter 7 Trustee, filed a complaint under 11 U.S.C.S. § 544 seeking to avoid a mortgage due to a faulty legal description, and under 11 U.S.C.S. § 551 to preserve the mortgage. The trustee also sought to avoid the mortgage under 11 U.S.C.S. §§ 547 and 549 as a preferential or an unauthorized postpetition transfer of property. He sought entry of judgment under 11 U.S.C.S. § 550. The parties all filed summary judgment motions.
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Court
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In re Webb
Apr
09
2012
Ruling
Sanctions properly imposed against creditor and counsel for pursuing sheriff's sale in violation of stay as lis pendens did not exempt property from the estate.
Procedural posture
Appellants, creditor and his counsel, appealed from an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, at Cleveland, that imposed sanctions against them in the amount of $4405.23 for willful violation of the automatic stay when they were found in contempt for continuing to prosecute a state-court foreclosure action against the debtor's residence postpetition.
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Court
:
Judge or Jurisdiction information not available
In re Beckwith
Mar
31
2011
Ruling
Debtors who continuously moved between two states prior to petition date could claim federal exemptions.
Procedural posture
Chapter 7 trustee objected to debtors' claimed exemptions under 11 U.S.C.S. § 522(d).
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Court
:
- 11 U.S.C.
Hardesty v. Huntington Natl Bank (In re Payne)
Mar
31
2011
Ruling
Interest in property of spouse who was not listed as "borrower" on mortgage was not encumbered.
Procedural posture
A chapter 7 trustee for debtors, a married couple, sought summary judgment on a claim that a mortgage held by defendant bank conveyed only such interests as debtor husband had in the property and did not encumber debtor wife's undivided one-half interest. A default judgment had already been entered against a co-defendant. Plaintiff also sought alternate relief under 11 U.S.C.S. § 544 and 11 U.S.C.S. § 551 and a sale order.
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Court
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