- 11 U.S.C.
Najeeb Ahmed Khan, In re--Iammartino v. Lake City Bank
May
30
2023
Ruling
Dismissal of complaint in avoidance proceeding based on the in pari delicto defense was not warranted as it was too early in the proceedings to determine the doctrine's application. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
- 11 U.S.C.
Cattron, In re
May
23
2023
Ruling
Chapter 13 debtor was not entitled to relief as none of the actions of the trust or the probate court complained of by the debtor violated the automatic stay. (Bankr. E.D. Mich.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Davenport, In re
May
11
2023
Ruling
Debtor was denied reopening of his bankruptcy case to file Form 423 certification and then receive a discharge due to delay of more than 11 months. (Bankr. E.D. Mich.)
Issue(s)
Discharge; Grounds for Denial; Failure to Complete Instructional Course.
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Court
:
- 11 U.S.C.
Cesaretti, In re
May
10
2023
Ruling
Debtor's amended plan was not eligible for confirmation as debtor failed to carry his burden to show that it complied with all applicable statutory requirements. (Bankr. D. Nev.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Weaver, In re
May
10
2023
Ruling
Debtor was entitled to enforcement of the discharge injunction in her case through the court's contempt powers as evidence was clear and unrebutted that creditors violated a definite and specific order of the court. (Bankr. E.D. Mich.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Baum, In re
May
05
2023
Ruling
Bankruptcy court ordered the trustee to pay the debtor all of the funds received from all sources in dismissed Chapter 13 case. (Bankr. E.D. Mich.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.
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Court
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Malmborg, In re
May
04
2023
Ruling
Permissive abstention was appropriate as it was more efficient to have the state court determine liability and damages debtor owed to creditor before the bankruptcy court considered vacating the confirmation order. (Bankr. N.D. Ill.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
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Court
:
- 11 U.S.C.
Tuttle, In re--Richardson v. Rearick
Apr
19
2023
Ruling
Default judgment entered against debtor’s boyfriend avoiding the transfer of debtor’s automobile. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Shefa, LLC, In re
Apr
03
2023
Ruling
Debtor's bad faith filing under Chapter 11 rather than Chapter 7 justified conversion to Chapter 7 in best interests of creditors. (Bankr. E.D. Mich.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.
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Court
:
Lazy J. Ranch Corp., In re
Mar
20
2023
Ruling
Debtor could enter into an executory contract involving the sale of property with modifications given that the debtor would be extended an unsecured loan for the redemption price which would be allowable as an administrative expense claim. (Bankr. W.D. Mich.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.
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Court
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