- 11 U.S.C.
In re Charron
May
13
2016
Ruling
Debtors' plan could not be confirmed as it did not comply with the requirement to commit all of their current monthly income.
Issue(s)
Was debtor's plan not proposed in good faith because it excluded from Debtors' current monthly income certain benefits from a pension plan?
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Court
:
- 11 U.S.C.
In re Oakland Physicians Med. Ctr. L.L.C.
Feb
02
2016
Ruling
Plan confirmed where debtor-in-possession met burden of establishing feasibility over objections of other plan proponents.
Issue(s)
Could debtor's chapter 11 plan be confirmed as feasible?
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Court
:
Buchwald Capital Advisors LLC v. Papas (In re Greektown Holdings LLC)
Nov
24
2015
Ruling
Wire transfers that were settlement payments made by or to a financial institution in connection with a securities contract could not be avoided.
Issue(s)
Were allegedly constructively fraudulent wire transfers avoidable or were they protected from avoidance by the § 546(e) safe harbor provision for settlement payments made by or to a financial institution in connection with a securities contract?
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:
- 11 U.S.C.
In re Fuqua
Jun
10
2015
Ruling
Chapter 13 plan confirmation denied given need to determine valuation of property near proposed confirmation date after substantial passage of time since petition date.
Issue(s)
Where two creditors objected to confirmation of debtor's chapter 13 plan, the issue was the appropriate date for determining the value of real property under 11 U.S.C.S. § 506(a)(1) in a case that was converted from chapter 7 almost two years after the initial petition date.
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Court
:
In re Mihal
May
06
2015
Ruling
Failure to include Social Security payments from chapter 13 plan was not grounds for denial of confirmation.
Issue(s)
Was debtor's exclusion of Social Security income from chapter 13 plan evidence of bad faith that should lead to denial of confirmation?
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Court
:
- 11 U.S.C.
Buchwald Capital Advisors LLC v. Papas (In re Greektown Holdings LLC)
Aug
12
2014
Ruling
Native American tribe did not have sovereign immunity from fraudulent transfer proceeding.
Issue(s)
Was transferee Native American tribe protected from fraudulent transfer proceeding by sovereign immunity?
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Court
:
- 11 U.S.C.
Buchwald Capital Advisors LLC v. Papas (In re Greektown Holdings LLC)
Aug
12
2014
Ruling
State gaming act did not preempt proceeding under state fraudulent transfer act.
Issue(s)
Was fraudulent transfer proceeding preempted by state gaming law and approval of transaction by state gaming agency?
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Court
:
- 11 U.S.C.
In re Black
Feb
14
2014
Ruling
Enforcement of deficiency against debtor's property and not against debtor personally did not violate discharge injunction.
Issue(s)
Whether pension fund violated the discharge injunction by setting off foreclosure deficiency debt against debtor's benefits pursuant to a pension assignment?
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Court
:
Bank of Am. v. Killgrove (In re Killgrove)
Dec
20
2013
Ruling
Moving of collateral item that was property of debtor's PC was not embezzlement and not grounds for denial of discharge or nondischargeable debt.
Issue(s)
Should debtor dentist's discharge be denied for closing practice at original location, becoming employed as a dentist at a nearby practice, moving collateral and treating patients of his former practice at the new location.
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Court
:
- 11 U.S.C.
General Motors LLC v. Gunner (In re Gunner)
Dec
10
2013
Ruling
Judgment based on evidence of accounting errors did not establish nondischargeability of debt.
Issue(s)
Did state court judgment based on accounting errors establish nondischargeability on grounds of fraud or misrepresentation.
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Court
: