- 11 U.S.C.
Graham v. Huntington Natl Bank (In re MedCorp. Inc.)
Mar
30
2012
Ruling
Security interests that were never properly perfected could be avoided.
Procedural posture
Chapter 11 trustee filed a motion for summary judgment in his complaint to avoid pursuant to 11 U.S.C.S. § 544 certain prepetiton transfers made to defendant creditor.
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Court
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In re OConnor
Mar
07
2012
Ruling
City held in contempt for postconfirmation billing statements.
Procedural posture
Chapter 13 debtors filed a motion for contempt against a city and an objection to a proof of claim filed by the city.
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Court
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Frost & Co. v. Smithey (In re Smithey)
Feb
16
2012
Ruling
Non-core fraud proceeding remanded to state court.
Procedural posture
Fraud claimants commenced this adversary proceeding by filing a notice of removal in the court for an action which was pending before an Ohio state court. The action removed from the state court was grounded in fraud. A co-defendant, defendant debtor's company, presently had a motion for Summary Judgment pending before the court.
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Court
:
Parker v. Lewis (In re Jones)
Nov
22
2011
Ruling
Unperfected vehicle loan made by debtor could be avoided.
Procedural posture
The chapter 7 trustee moved for summary judgment on her adversary complaint to avoid, as a preferential transfer, a pre-petition payment of $ 3,000 made by the debtor to defendant creditor, pursuant to 11 U.S.C.S. § 547(b). The creditor, a friend who advanced $ 6,000 to debtor so she could purchase a car, argued that his loan was secured by the vehicle and that the loan was made in the ordinary course of business.
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Court
:
- 11 U.S.C.
In re Sturm
Nov
02
2011
Ruling
Debtor ordered to file complete accounting to determine entitlement to marital adjustment against current monthly income.
Procedural posture
After the court granted a motion to dismiss a chapter 7 case under 11 U.S.C.S. § 707(b), the debtor appealed. The appellate judge remanded for the court determine whether to debtor was entitled to make a marital adjustment against her current monthly income under 11 U.S.C.S. § 101(10A)(B). The debtor was directed to supply the court with detailed written information regarding the sources of her husband's credit card obligations.
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Court
:
In re Hufford
Sep
29
2011
Ruling
Funds held by chapter 13 trustee ordered distributed to creditors with undisputed claims upon dismissal.
Procedural posture
The debtors filed a motion to disburse funds held by a Chapter 13 trustee to the debtors. The trustee objected, taking the position that any undisbursed funds should be distributed to creditors according to the terms of the debtors' confirmed Chapter 13 plan.
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Court
:
- FRBP
In re Smithey
Jul
25
2011
Ruling
Trustee's global settlement of all pending claims approved over debtor's objection.
Procedural posture
Chapter 7 trustee filed a motion under Fed. R. Bankr. P. 9019(a) to compromise all pending matters. The debtor objected to the motion to compromise.
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Court
:
- 11 U.S.C.
In re Tillimon
May
10
2011
Ruling
Personal financial management course waived due to debtor's personal involvement in case and general business acumen.
Procedural posture
On its own motion, a court considered whether the requirement in 11 U.S.C.S. § 111 regarding a chapter 7 debtor's completion of a course in personal financial management should be waived and whether a discharge should be entered.
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Court
:
In re Hashemi
Apr
29
2011
Ruling
Chapter 7 case ordered dismissed due to ability to fund chapter 13 plan.
Procedural posture
The United States Trustee asserted that bankruptcy debtors abused Chapter 7 bankruptcy based on their ability to repay creditors under a Chapter 13 plan, and the debtors asserted that their minimal disposable income would provide only a minimal return to creditors. The Trustee moved to dismiss the debtors' Chapter 7 case under 11 U.S.C.S. § 707(b).
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Court
:
- 11 U.S.C.
In re Pierson
Mar
25
2011
Ruling
Claim based on agreement to make monthly payments from military pension allowed.
Procedural posture
This cause came before the court after an evidentiary hearing on debtors' objection to a creditor's claim.
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Court
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