- 11 U.S.C.
Rieser v. Hayslip (In re Canyon Sys. Corp.)
Mar
31
2006
Ruling
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.
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Court
:
- 11 U.S.C.
In re Moon
Mar
28
2006
Ruling
Automatic stay expired since debtors chose a hearing date regarding an extension request that was more than 30 days after filing.
Procedural posture
The matter before the court was debtors'motion to extend the automatic stay as to debtors pursuant to 11 U.S.C. § 362(c)(3)(B), for clarification as to the effect of the automatic stay as to their property and as to property of the estate in their bankruptcy case. An objection was filed by a creditor.
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Court
:
- 11 U.S.C.
Larocco v. Smither (In re Smithers)
Mar
02
2006
Ruling
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
Procedural posture
Defendant debtors appealed from a judgment of the Bankruptcy Court for the Southern District of Ohio that denied their discharge under 11 U.S.C. § 727(a)(4)(A) due to filing false and incomplete bankruptcy schedules. Plaintiff creditors filed the complaint to deny discharge.
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- 11 U.S.C.
Barrett v. Sallie Mae Servicing (In re Barrett)
Mar
02
2006
Ruling
Student loan debt was deemed dischargeable due to undue hardship related to the debtor's medical problems.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant creditor, alleging that his medical problems prevented his repayment of student loans and seeking to discharge the loans based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.
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- 11 U.S.C.
Sicherman v. Rivera (In re Rivera)
Feb
13
2006
Ruling
Discharge was revoked since the debtor knowingly and fraudulently failed to report or deliver estate property to the trustee when the debtor received additional proceeds from a personal injury claim.
Procedural posture
Plaintiff chapter 7 trustee alleged that the court should revoke and deny defendant debtor's discharge because debtor: (1) obtained it through fraud by representing that he received only $15,000, as opposed to $95,000, from a personal injury claim; (2) fraudulently failed to surrender the $80,000 proceeds; and (3) refused to obey an order to appear at the Fed. R. Bankr. P. 2004 examination. Pending were cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Garden Ridge Corp.
Feb
10
2006
Ruling
Former employee of the debtor was denied relief from the automatic stay to effectuate a setoff since the debts in question were not mutual and thus could not be set off.
Procedural posture
Before the court in a chapter 11 matter was the motion, by a terminated employee of debtors'management services affiliate, for relief from the automatic stay under 11 U.S.C. § 362(d) to the extent necessary to set off certain amounts owing from and owed to debtors.
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Court
:
In re Koliba
Jan
20
2006
Ruling
Court denied a trustee's motion for denial of the debtor's attorney's fees since the attorney had made a technical filing error and had promptly corrected it.
Procedural posture
In earlier proceedings, the trustee filed a motion to dismiss the debtors'petition for bankruptcy relief because debtors'counsel had not complied with the signature requirements for electronic filing, and the motion to dismiss was denied. The trustee also asked the court to review and deny the fees paid to the debtors'attorney, pursuant to 11 U.S.C. § 329(a) and to order a full or partial disgorgement of the fees already paid.
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Court
:
In re Evans
Jan
20
2006
Ruling
Court sustained debtors' objection to some of a creditor mortgagee's proof of claim for attorneys'fees and costs since the creditor could not make a secured arrearage claim under section 1322(e) if the fees and costs did not first qualify as part of a secured claim under section 506(b).
Procedural posture
In a chapter 13 bankruptcy case, debtors objected to a proof of claim filed by creditor, a mortgagee. More specifically, they objected to the extent of creditor's claim. The court conducted a hearing on the objection.
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Court
:
- 11 U.S.C.
Field v. Wells Fargo (In re Bross)
Jan
18
2006
Ruling
Trustee was able to avoid a transfer pursuant to section 544(a)(3) since the mortgage was not signed by the debtor and, thus, not fully executed.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagee seeking to avoid a putative mortgage under 11 U.S.C. § 544(a)(3) on the ground that the mortgage was not signed by the bankruptcy debtor as the mortgagor as required by Ohio Rev. Code Ann. § 5301.01. The trustee and the mortgagee cross-moved for summary judgment.
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Court
:
In re Desert Vill. Ltd. Pship
Jan
09
2006
Ruling
Court sustained the debtor's objection to the creditor's proof of claim as to the additional amount listed but not to the claim itself since debtor listed an amount owed to the creditor on the petition.
Procedural posture
The debtor in possession filed for chapter 11 bankruptcy relief. Claimant creditor filed a proof of claim for moneys owed for accounting services provided prepetition to the debtor in possession. The debtor in possession objected to the proof of claim. The court held a hearing on the objection.
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Court
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