Ziegler v. Schwenker (In re Ziegler)
Oct
02
2008
Ruling
Trustee allowed to sell debtor's remainder interest in property free and clear of claims of other remainder interest holders.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant holders of remainder interests in real property in which the bankruptcy debtor also held a remainder interest, seeking authority to sell the remainder interest of the debtor free and clear of claims of the holders pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment, and neither the debtor nor the holders responded to the motion.
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Court
:
- 11 U.S.C.
Boday v. Franklin Credit Mgmt. Corp. (In re Boday)
Oct
02
2008
Ruling
Mortgage creditor ordered to adjust records to reflect payments used by debtors to effect a cure.
Procedural posture
Chapter 13 debtors filed a complaint against a creditor, the holder of the debtors'mortgage, requesting that the court make a determination as to the amount due under its loan to the creditor, and requesting that the court award them damages, including attorney fees and punitive damages, for the creditor's failure to properly calculate the principal balance of their loan.
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Court
:
- 11 U.S.C.
In re Baker
Sep
10
2008
Ruling
Confirmation denied due to improper bifurcation of secured claim.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and an amended plan for repaying their creditors. A creditor filed an objection of confirmation of the debtors'plan.
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Court
:
- 11 U.S.C.
Damschroeder v. Williams (In re Williams)
Aug
22
2008
Ruling
Debts owed to third party creditors pursuant to divorce decree were nondischargeable.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding seeking a determination that debts incurred by the debtor as a result of the decree dissolving the parties' marriage were nondischargeable in the debtor's bankruptcy under 11 U.S.C.S. § 523(a)(15). The spouse moved for summary judgment.
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Court
:
Ewing v. Bissonnette (In re Bissonnette)
Aug
12
2008
Ruling
Debt held nondischargeable given sufficient evidence of fraudulent intent.
Procedural posture
Plaintiff claimants filed a complaint against defendant chapter 7 debtor, seeking to have certain obligations owed them by the debtor declared nondischargeable under 11 U.S.C.S. § 523(a)(2), § 523(a)(4), and § 523(a)(6). The claimants also sought a monetary judgment for actual damages, attorney's fees, and punitive damages.
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Court
:
- 11 U.S.C.
In re Samson
Aug
04
2008
Ruling
Objection to proof of claim overruled where creditor sufficiently established status as assignee of accounts.
Procedural posture
After the debtors' chapter 13 bankruptcy plan was confirmed, the successor to a creditor filed three proofs of claim pursuant to 11 U.S.C.S. § 502. The debtors objected to the claims. The bankruptcy court held an evidentiary hearing on the debtors' objection.
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Court
:
Harchar v. United States (In re Harchar)
Jul
14
2008
Ruling
IRS administrative freeze on debtors' account did not violate stay.
Procedural posture
Defendant IRS and plaintiff debtors, a married couple, cross-moved for summary judgment on claims that IRS implementation of an administrative freeze on debtors' account, which purportedly delayed the payment of their 1999 tax refund, violated the automatic stay in 11 U.S.C.S. § 362(a)(3) and § 362(a)(6). Other claims arising from the same conduct for other years were reserved for separate consideration.
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Court
:
French v. Marion Gen. Hosp. (In re Patterson)
Jun
03
2008
Ruling
Postpetition disclosure of debtor's medical billing records by creditor did not give rise to a cause of action on behalf of the estate.
Procedural posture
Plaintiff trustee brought an action asserting injury on behalf of debtors against defendant creditor, who placed debtors' medical billing records in the public domain. The trustee brought three causes of action: (1) breach of confidence; (2) invasion of privacy; and (3) a violation of the Health Insurance Portability and Accountability Act,.42 U.S.C.S. § 1320d. The creditor moved to dismiss pursuant to Fed. R. Bankr. P. 7012(b)(6).
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Court
:
In re Blankenship
May
15
2008
Ruling
Chapter 7 case dismissed where debtors could fund chapter 13 case with revisions to disposable income calculation.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(1) and § 707(b)(3).
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Court
:
In re Kaminski
Apr
14
2008
Ruling
Case ordered converted or dismissed due to debtors' impermissible or excessive expenses which if adjusted would enable debtors to repay creditors.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the debtors'chapter 7 bankruptcy case, pursuant to 11 U.S.C.S. § 707(b)(1), (3), for abuse.
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Court
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