- 11 U.S.C.
In re Taber
Sep
12
2011
Ruling
Debtor entitled to exemption in IRAs inherited during chapter 13 case prior to conversion to chapter 7.
Procedural posture
A bankruptcy debtor claimed exemptions pursuant to 11 U.S.C.S. § 522(b)(3) in individual retirement accounts which the debtor inherited during her Chapter 13 case prior to conversion of the case to Chapter 7. The bankruptcy trustee objected to the exemptions.
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Court
:
- 11 U.S.C.
In re McCrory
Sep
08
2011
Ruling
Non-debtor spouse's interest in first-time homebuyer credit was not subject to turnover.
Procedural posture
Chapter 7 trustee filed a motion for an order pursuant to 11 U.S.C.S. § 542 directing the debtor to turn over non-exempt federal and state income tax refunds.
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Court
:
- 11 U.S.C.
Midwest Cmty. Fed. Credit Union v. Olds (In re Olds)
Aug
08
2011
Ruling
Debtor spouse's discharge denied due to false representation of unemployment.
Procedural posture
Credit union filed an adversary proceeding against chapter 7 debtors, a married couple. It argued that debts owed to it by defendants should be excepted from discharge under 11 U.S.C.S. § 523(a)(2). Alternatively, plaintiff objected to chapter 7 discharges under 11 U.S.C.S. § 727(a)(2) and (4).
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Court
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Transportation Equip. Sales Corp. v. Hahn (In re Hahn)
Jul
29
2011
Ruling
Debtor's violation of non-compete agreement resulted in nondischargeable debt.
Procedural posture
Creditor filed a complaint to determine dischargeability of a debt allegedly owed to it by defendant debtor. The creditor alleged that the debtor owed it $84,502, and the debt should be excepted from discharge under 11 U.S.C.S. § 523(a)(4) and (a)(6).
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Court
:
In re Otero
Jul
27
2011
Ruling
Creditor's right to injunctive relief relating to non-compete agreement was not discharged in debtor's bankruptcy.
Procedural posture
The debtors filed a motion to reopen their Chapter 7 case pursuant to 11 U.S.C.S. § 350 in order to file a motion to hold a creditor in contempt for violating the discharge injunction under 11 U.S.C.S. § 524(a). The creditor opposed the motion.
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Court
:
- 11 U.S.C.
Paulus v. Paulus (In re Paulus)
Jun
27
2011
Ruling
Debtor's former spouse's claim under hold harmless agreement was nondischargeable but debt owed directly to bank under decree was not.
Procedural posture
Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking a determination that the debtor had an obligation under a separation agreement and a decree which dissolved their marriage to pay credit card debt they owed to a bank, and an order that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The ex-wife filed a motion for judgment on the pleadings.
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Court
:
In re Duckett
Oct
07
2010
Ruling
Stay reinstated upon showing that debtor was not at fault in alleged default.
Procedural posture
After the court granted a creditor relief from the automatic stay upon an affidavit of default, the Chapter 13 debtor filed a motion to vacate that order and to reinstate the automatic stay under 11 U.S.C.S. § 362(a).
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In re Viva Vista Ventures Inc.
Aug
23
2010
Ruling
Debtor's obligations under agreement to pay for employee services was a general unsecured claim.
Procedural posture
Before the court was the chapter 7 trustee's Motion Objecting to Claim (Objection) and the claimant's response. In an amended proof of claim, the claimant asserted a claim in the amount of $9,743 and asserted that it was entitled to priority under 11 U.S.C.S. § 507(a)(4), (a)(8). While the Trustee did not object to the amount of the claim, he objected to its characterization as a priority claim.
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Court
:
- 11 U.S.C.
In re Team Toledo Hockey LLC
Aug
17
2010
Ruling
Plan including separate classification of claims and interests affirmed as in best interests of creditors.
Procedural posture
A debtor sought confirmation of its amended chapter 11 plan. Three objections to confirmation of the plan were filed by the confirmation objection deadline and were subsequently resolved.
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Court
:
- 11 U.S.C.
In re Soderberg & Schafer CPAS LLC
Aug
06
2010
Ruling
Involuntary petition upheld where appeal which debtor had filed to seek stay was not subject to bona fide dispute.
Procedural posture
Petitioner creditor filed an involuntary chapter 7 petition under 11 U.S.C.S. § 303 against respondent debtor, a limited liability company (LLC). The debtor filed its answer contesting the allegations of the petition, and the court held an evidentiary hearing.
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Court
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