- 11 U.S.C.
In re Zuccarell
Jul
09
2007
Ruling
Chapter 7 case ordered dismissed or converted due to excessive expense claims.
Procedural posture
A debtor filed a petition under chapter 7, and a United States trustee was appointed to manage the bankruptcy estate. The trustee filed a motion to dismiss the case pursuant to 11 U.S.C. § 707(b)(1).
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:
- 11 U.S.C.
In re Haar
Jun
04
2007
Ruling
Income made available upon surrender of residence to mortgagee could be considered in finding of substantial abuse under totality of circumstances test.
Procedural posture
The United States Trustee ("UST") filed a motion to dismiss the debtors'chapter 7 bankruptcy case for abuse, pursuant to 11 U.S.C. § 707(b)(1) and (b)(3).
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In re Tillman
May
04
2007
Ruling
Debtor shareholder could not be compelled to turnover corporate assets.
Procedural posture
The husband debtor (debtor) held a one-third of the outstanding shares of stock of a corporation. The chapter 7 trustee filed a motion for turnover in accordance with 11 U.S.C. § 542(a) seeking surrender of all funds held on deposit on the date of filing in the corporation's bank account that the debtor had a right to receive as a shareholder.
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In re Croskey
May
01
2007
Ruling
Chapter 7 case ordered dismissed or converted for failure to exclude payments on 401(k) loans from ability to pay calculation.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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:
- 11 U.S.C.
Yoppolo v. MBNA Am. Bank (In re Dilworth)
Apr
12
2007
Ruling
Transfer via "convenience check" from one credit card issuer to pay balance on another card was preferential.
Procedural posture
Plaintiff trustee sought summary judgment on a complaint filed under 11 U.S.C. § 547 to avoid a transfer made by debtor about two months prior to her filing of a chapter 7 bankruptcy. At issue was whether the transfer, in which debtor used a "convenience check" from one credit card issuer to pay a large balance owed on another credit card, was a "preference" within the meaning of section 547 and whether the trustee was entitled to judgment thereon.
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- 11 U.S.C.
Torrance v. Qualified Emergency Specialist Inc. (In re Smith)
Apr
03
2007
Ruling
Reporting of debt to credit agency and refusal to remove debt from report did not violate discharge injunction.
Procedural posture
Defendants, a creditor and a collection agency retained by the creditor, moved to dismiss an adversary complaint filed by plaintiff, a chapter 7 debtor who had obtained a discharge, for relief from alleged violations of the discharge injunction in 11 U.S.C. § 524. At issue, inter alia, was whether the reporting of the debt and a subsequent refusal to remove the debt from debtor's credit report violated the injunction.
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- 11 U.S.C.
Parker v. Thompson (In re Thompson)
Feb
28
2007
Ruling
Debtor's failure to obey court order for turnover of income tax refunds was grounds for denial of discharge.
Procedural posture
Defendant debtor filed his state and federal income tax returns which evidenced refunds in the amount of $6,258.00. The court ordered that debtor turnover to plaintiff trustee the nonexempt portion of his tax refunds. Receiving no payment from debtor, the trustee filed an adversary proceeding to deny discharge under 11 U.S.C. § 727 for refusal to follow the court's order. The trustee moved for summary judgment.
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- 11 U.S.C.
In re Haar
Feb
20
2007
Ruling
Inclusion of mortgage payments on property to be surrendered in means test was appropriate and not grounds for substantial abuse dismissal.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
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In re Todd
Jan
31
2007
Ruling
Funds represented by checks not yet honored on petition date were property of the estate and subject to turnover.
Procedural posture
In a chapter 7 proceeding, the trustee sought possession of funds in debtor's bank account. The debtor objected to the trustee's motion for turnover.
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:
- 11 U.S.C.
Irby v. Preferred Credit (In re Irby)
Jan
30
2007
Ruling
Continued post-discharge listing of debt on credit report did not violate discharge injunction.
Procedural posture
Plaintiff, a discharged bankruptcy debtor, filed an adversary proceeding complaint against defendant creditor, alleging that it had violated 11 U.S.C. §§ 524 and 727, by continuing to report her discharged debt and/or failing to update its listing with credit reporting agencies. She contended that, by its conduct, the creditor had violated the discharge injunction and order entered in her case. The creditor moved to dismiss the complaint.
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