- 11 U.S.C.
In re Best
Apr
03
2007
Ruling
Creditor's claim for postpetition interest on state court judgment at rate allowed by state law disallowed to the extent exceeding federal judgment interest rate.
Procedural posture
A chapter 7 trustee filed a motion seeking an order disallowing a creditor's claim to the extent that it asserted a right to postpetition interest calculated at the rate that applied under the state law that governed the claim. At issue was the meaning of the phrase "legal rate" as used in 11 U.S.C. § 726(a)(5) and whether it was the same as the rate under 28 U.S.C. § 1961.
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Court
:
- 11 U.S.C.
In re Cartwright
Mar
23
2007
Ruling
Confirmation denied as state court reformation of mortgage to cover two tracts of land prevented debtor from proposing to make payments on one tract and surrender the other.
Procedural posture
A secured creditor objected to confirmation of a debtor's proposed first amended plan of reorganization under chapter 13.
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Court
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Henry v. Clippard
Mar
09
2007
Ruling
Bankruptcy court properly dismissed case where debtor failed to disclose spouse's substantial assets.
Procedural posture
Appellant, a chapter 7 debtor, challenged the decision of the bankruptcy court that dismissed the debtor's chapter 7 bankruptcy petition pursuant to 11 U.S.C. § 707(b)(1) and (3).
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Court
:
- 11 U.S.C.
Pogue v. Estate of Roberts (In re Pogue)
Dec
15
2006
Ruling
Loan used to fund restitution of embezzled funds was nondischargeable.
Procedural posture
Plaintiff-debtor, who was convicted of embezzlement, brought an adversary complaint seeking to hold defendant creditors, the parties from whom debtor borrowed funds to replace the amounts he had embezzled, in contempt for violating discharge injunction of 11 U.S.C. § 524 by attempting to collect the allegedly discharged obligation and enjoining further collection actions. Debtor had been ordered to make restitution in his criminal proceeding.
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Court
:
- 11 U.S.C.
In re Oglesby
Dec
06
2006
Ruling
Debtor's remainder interest in real property which merged with life interest postpetition was a fee simple interest fully subject to sale by trustee.
Procedural posture
A chapter 7 trustee filed a petition to sell certain real property of a debtor's estate under 11 U.S.C. § 363(b)(1) and to employ a professional to conduct the auction of the property.
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In re Jillians Entertainment Holdings Inc.
Nov
30
2006
Ruling
Change in management of creditor's legal department did not establish excusable negect to allow filing of claim two years after bar date.
Procedural posture
A plan administrator filed a motion to disallow a creditor's claim against a chapter 11 debtor on the ground that it was filed after the bar date established by court order.
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Court
:
- 11 U.S.C.
Watkins v. Watkins (In re Watkins)
Nov
09
2006
Ruling
Property settlement was nondischargeable where benefit of discharge outweighed harm to former spouse.
Procedural posture
Plaintiff creditor/husband (husband) filed a complaint objecting to the discharge of a debt pursuant to 11 U.S.C. § 523(a)(5) and (a)(15) owed by defendant wife/debtor (wife).
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Court
:
- 11 U.S.C.
Miles v. Clarke (In re Miles)
Oct
27
2006
Ruling
Former spouse's attempt to collect on prepetition debt violated discharge injunction.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, seeking a finding of contempt by the spouse for allegedly violating the discharge injunction of 11 U.S.C. § 524(a)(2) by attempting to collect prepetition debts arising from the parties'property settlement. The bankruptcy court conducted an evidentiary hearing.
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Court
:
- 11 U.S.C.
Pulley v. Pulley
Oct
13
2006
Ruling
Amount owed under property settlement agreement was nondischargeable where debtor had sufficient resources to pay.
Procedural posture
Plaintiff former spouse filed a complaint against defendant chapter 7 debtor, seeking to have the debt owed to her declared nondischargeable pursuant to 11 U.S.C. § 523(a)(5) and (15). The court held a trial.
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Court
:
- 11 U.S.C.
In re Rynerson
Oct
05
2006
Ruling
Motion to convert or dismiss chapter 11 case denied where creditors'position would not be improved.
Procedural posture
After a debtor's amended chapter 11 plan of reorganization was confirmed, the hospital moved to reopen the case and to either convert the case to chapter 7 or dismiss the chapter 11 case on the grounds that the debtor did not comply with the plan on payments to unsecured creditors or on liquidation of estate assets and that the debtor failed to disclose assets. The debtor objected to the motion.
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Court
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