- 11 U.S.C.
Clay v. Credit Acceptance Corp. (In re Clay)
May
11
2011
Ruling
Creditor's failure to halt filing and service of lawsuit commenced on day before petition date violated stay.
Procedural posture
Plaintiff debtor filed a motion for summary judgment in an adversary proceeding filed against defendant creditor seeking damages for violation of the automatic stay under 11 U.S.C.S. § 362.
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Court
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In re Hurtt
Apr
21
2011
Ruling
Chapter 13 case dismissed due to noncontingent, liquidated, unsecured debts in excess of limits.
Procedural posture
A chapter 13 trustee filed a motion to dismiss the debtors' chapter 13 case pursuant to 11 U.S.C.S. § 109(e). The court held a preliminary and a final hearing. The court issued findings of fact and conclusions of law in accordance with Fed. R. Bankr. P. 7052.
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Court
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- 11 U.S.C.
Lyon v. Baker (In re ClassicStar LLC)
Mar
14
2011
Ruling
Transfer by debtor to bank was constructively fraudulent and could be avoided.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant investor, seeking a determination that a transfer an LLC made to a bank to pay a debt the investor owed was constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B) and could be recovered from the investor under 11 U.S.C.S. § 550(a). The case was tried to the court.
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Court
:
Rule v. Rule (In re Rule)
Mar
07
2011
Ruling
Discharge denied due to debtors' fraudulent transfers, concealment of assets, and false oaths and accounts.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking denial of the debtors' discharges under 11 U.S.C.S. § 727(a) based on the debtors' fraudulent transfers, concealment of assets, and false oaths and accounts.
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Court
:
- 11 U.S.C.
Peoples Exchange Bank v. Taylor (In re Taylor)
Mar
04
2011
Ruling
Debtor's failure to remit portion of proceeds of cattle sale to secured creditor resulted in nondischargeable debt.
Procedural posture
Plaintiff bank filed an adversary proceeding for a determination that its claim against debtor arising out of a financing arrangement collateralized by certain cattle and farm equipment owned by debtor was nondischargeable under either 11 U.S.C.S. § 523(a)(2)(A) and /or 11 U.S.C.S. § 523(a)(6).
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Court
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Gilchrist v. United Bank & Trust Co. (In re Gilchrist)
Dec
17
2010
Ruling
Mortgage valid only as to debtor spouse had to be considered in finding that judgment lien was avoidable as impairing debtor's homestead exemption.
Procedural posture
Plaintiff debtors brought an adversary proceeding seeking to avoid defendant creditor's judgment lien pursuant to 11 U.S.C.S. § 522(f). Before the court were the parties' cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Ramsey v. Plapp (In re Plapp)
Dec
04
2009
Ruling
Debt to owner of camper for difference in value between debtor's fraudulent consignment of camper and return to owner was nondischargeable.
Procedural posture
Plaintiff owner of a camper brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the owner from a consignment of the camper to the debtor for sale was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud.
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Court
:
- 11 U.S.C.
Miller v. Bates (In re Hockensmith)
Jun
25
2009
Ruling
Payment from amount posted as bond in co-debtor's criminal case was a preferential transfer.
Procedural posture
Plaintiff trustee filed an action against defendant transferee because the trustee sought to avoid as preferential a transfer made from the debtor, pursuant to 11 U.S.C.S. § 547. The trustee and the transferee both filed motions for summary judgment.
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Court
:
U.S. Trustee v. Haeberle (In re Haeberle)
Apr
07
2009
Ruling
Discharge denied due to debtors' undervalued and concealed property.
Procedural posture
Plaintiff, the United States Trustee, filed an action against defendant debtors, to deny a discharge pursuant to 11 U.S.C.S. § 727(a)(2) and (4). The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Murray Inc. v. Agripool SRI (In re Murray Inc.)
Jul
24
2008
Ruling
Speculative opinion of expert was not proper basis for allowance of ordinary course of business defense to avoidance.
Procedural posture
Plaintiff, a trustee of the debtor's liquidating trust, appealed an order of the Bankruptcy Court for the Middle District of Tennessee, which dismissed the adversary complaint filed by the trust against defendant supplier to avoid certain payments as preferential transfers and to recover $271,242 for the estate, pursuant to 11 U.S.C.S. §§ 547 and 550.
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Court
:
Judge or Jurisdiction information not available