In re Hyland
Nov
12
2013
Ruling
Vehicle was not property of the estate and not covered by stay where debtor assigned ownership to, and then entered into a true lease with, creditor.
Issue(s)
Was creditor entitled to relief from stay to proceed against vehicle assigned to creditor and then leased back to debtor.
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Court
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In re Perkins
Oct
30
2013
Ruling
Confirmation denied as plan provided insufficient value to creditor and did not propose Till rate of interest.
Issue(s)
Whether debtors were eligible to be debtors under chapter 12 and whether their proposed plan met the confirmation requirements of 11 U.S.C.S. § 1225(a)(1), (3), (5)(B), and/or (6).
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Court
:
- 11 U.S.C.
McLean v. McLean
Oct
30
2013
Ruling
Discharge revoked due to fraud and failures to disclose sale of equipment or true marital status.
Issue(s)
Was debtors' failure to disclose divorce before filing joint petition grounds for revocation of discharge .
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Court
:
- 11 U.S.C.
Walker v. Alama (In re Alama)
Oct
29
2013
Ruling
Sale of property prior to liens attaching was not grounds for nondischargeability of personal injury judgment.
Issue(s)
Did debtors' sale of property prior to creditor with personal injury judgment obtaining a lien or other interest in the property create grounds for nondischargeability of the debt .
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Court
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Lunn Real Estate Invs. LLC v. Ward (In re Ward)
Sep
30
2013
Ruling
Discharge denied due to material nondisclosures.
Issue(s)
Whether the debtor transferred property within one year prior to petition date, concealed, destroyed, mutilated, falsified, or failed to keep or preserve financial records, made false oaths and failed to explain the loss of assets so as to justify denial of discharge.
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Court
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First Natl Bank v. Semerlein (In re Semerlein)
Aug
26
2013
Ruling
Debt based on embezzlement and willful and malicious injury was nondischargeable.
Issue(s)
Were debts incurred when creditor bank had to sue to recover insurance settlement proceeds from debtor and based on debtor's embezzlement from insurer nondischargeable?
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Court
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In re Miller
Jul
24
2013
Ruling
Eligible involuntary debtor could convert case to chapter 11.
Issue(s)
Whether a debtor who was the subject of an involuntary petition filed under chapter 7 of the Bankruptcy Code was eligible under 11 U.S.C.S. § 706(d) to convert his case to one under chapter 11.
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Court
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In re Gandy
Jul
12
2013
Ruling
Creditor lacked standing to file for dismissal based on challenge to means test calculation.
Procedural posture
A creditor filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b). The court entered an order directing the creditor to show cause why the motion should not be denied because the debtor's statement of current monthly income and means test calculation established on its face that there was no presumption of abuse. In response to the order, the creditor filed a brief in response concerning its standing.
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Court
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In re Grandy
Jun
25
2013
Ruling
Creditor granted post-conversion extension of time to object to debtor's discharge.
Procedural posture
Pursuant to Fed. R. Bankr. P. 4004(b) and 4007(c), a creditor filed a motion to extend the time to file an objection to a chapter 7 debtor's discharge under 11 U.S.C.S. § 727(a) and to file a complaint to determine the dischargeability of a debt under 11 U.S.C.S. § 523(c). The debtor objected to the motion.
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Court
:
- 11 U.S.C.
In re Owsley
May
29
2013
Ruling
Motion to reopen to file motion for contempt denied as collection of nondischargeable child support did not violate discharge injunction.
Procedural posture
The debtors filed a motion seeking to reopen a chapter 13 bankruptcy case to allow them to file a motion for contempt based on an alleged violation of a discharge injunction under 11 U.S.C.S. § 524(a)(2).
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Court
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