In re Shivshankar Pship LLC
Sep
19
2014
Ruling
Relief from stay would be granted if debtor did not confirm plan by date certain.
Issue(s)
Was bank entitled to relief from stay to proceed against debtor's hotel?
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Court
:
- 11 U.S.C.
Hall v. Carter (In re Carter)
Aug
21
2014
Ruling
Determination that debtor acted willfully and maliciously in committing alleged sexual assault was a finding of fact.
Issue(s)
Was debtor physician entitled to summary judgment in adversary proceeding seeking to find debt related to alleged sexual assault of patient was nondischargeable?
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Court
:
In re Ivens Props.
Jun
18
2014
Ruling
Sanctions were appropriate where debtor's attorneys failed to file required compensation disclosure statement.
Issue(s)
Was failure of debtor's attorneys to file required compensation disclosure statement grounds for sanctions?
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Court
:
- 11 U.S.C.
Newton v. McKay (In re Cash)
Apr
22
2014
Ruling
Alleged fraudulent transfer to debtor's mother was not avoidable as the mother was not a creditor.
Issue(s)
Should debtor's transfer of property to mother for no consideration while in financial difficulty be avoided?
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Court
:
Schuchdart v. Gandy (In re Gandy)
Apr
08
2014
Ruling
Discharge denied due to false oaths made by debtor with fraudulent intent.
Issue(s)
Should debtor's discharge be denied due to false oaths made in means tests filed with the court?
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Court
:
In re Invens Props.
Jan
31
2014
Ruling
Debtor could not obtain extension of time to confirm plan after entry of final order setting 90- day deadline.
Issue(s)
Was debtor entitled to extension of time to confirm plan following earlier entry of final order setting deadline of 90 days?
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Court
:
Fitzpatrick v. Allsup Inc. (In re Stewart)
Jan
24
2014
Ruling
Trustee could not recover from non-creditor transferee who acted as a mere conduit between debtor and financial company.
Issue(s)
Should preference proceeding be dismissed as brought against non-creditor transferee who could not have received more than would have been received in chapter 7 case had the transfer not been made.
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Court
:
In re Hyland
Jan
23
2014
Ruling
Application for debtor's attorneys' fees in excess of base fee amount denied on trustee's objection.
Issue(s)
Were debtor's attorneys' entitled to lodestar fee where they had certified prior to confirmation that they would not seek fees in excess of base fee.
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Court
:
- 11 U.S.C.
First Heritage Credit of Tenn. LLC v. Johnson (In re Johnson)
Jan
07
2014
Ruling
Nondischargeability proceeding dismissed due to failure to serve debtor's attorneys.
Issue(s)
Should nondischargeability proceeding be dismissed due to failure to serve complaint upon debtor's attorneys .
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Court
:
- 11 U.S.C.
Peoples Bank v. Lane (In re Lane)
Dec
20
2013
Ruling
False representations regarding ability to pledge additional collateral rendered debt nondischargeable.
Issue(s)
Was creditor's reliance on debtor's misrepresentations justifiable so as to result in nondischargeable debt.
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Court
: