- 28 U.S.C.
Guinn v. Jolley Rock Invs. LLC (In re Liberty Fibers Corp.)
Apr
14
2008
Ruling
Action against neighboring property owner for refusal to treat waste water through debtor's facilities was related to debtor's bankruptcy.
Procedural posture
Plaintiffs, a chapter 7 trustee and a property purchaser, filed an action against defendant adjacent property owner, seeking injunctive and declaratory relief and money damages arising in part from the owner's refusal to treat waste water through the purchaser's waste water treatment plant (WWTP). The owner filed a motion to dismiss for lack of subject matter jurisdiction.
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Court
:
- 11 U.S.C.
Rogers v. Rogers (In re Rogers)
Apr
11
2008
Ruling
Final divorce decree entered postpetition did not violate stay and awards of portion of retirement funds and attorneys fees were nondischargeable.
Procedural posture
Plaintiff debtor brought an adversary complaint seeking the dischargeability of certain obligations imposed upon him under a divorce decree, including alimony, the non-debtor spouse's attorney's fees, court costs, and the payment of one-half of his military retirement benefits to defendant, the non-debtor spouse. The debtor also asserted that the obligations were void as imposed while the automatic stay was in effect under 11 U.S.C.S. § 362(a).
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Court
:
- 11 U.S.C.
In re Stewart
Mar
27
2008
Ruling
Pro se debtor's fifth case within four years dismissed with one year refiling bar.
Procedural posture
The chapter 13 trustee moved to dismiss a case filed by debtor on the grounds of bad faith and also sought an order barring debtor from filing another bankruptcy for one year. Debtor, who had filed the case pro se, did not appear to contest the motion.
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Court
:
- FRBP
Southern Heritage Bank v. Judzewitsch (In re Judzewitsch)
Mar
26
2008
Ruling
Dischargeability proceeding not filed before original bar date in transferred case dismissed.
Procedural posture
Defendant debtor filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff creditor bank filed an adversary proceeding against the debtor seeking a determination of nondischargeability of an unsecured debt owed by the debtor to the bank. The debtor sought to dismiss the complaint, claiming that it was filed after the time for filing dischargeability complaints had expired.
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Court
:
Yoppolo v. MBNA America Bank (In re Dilworth)
Mar
12
2008
Ruling
Balance transfer from one credit card company to another properly held to be preferential.
Procedural posture
Defendant creditor appealed an order of the United States Bankruptcy Court for the Northern District of Ohio, Western Division, which granted plaintiff trustee summary judgment in an adversary proceeding to avoid a balance transfer from one credit card company to another as preferential under 11 U.S.C.S. § 547(b).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Webb MTN LLC
Mar
06
2008
Ruling
Multiple development projects planned for five tracts of land were actually part of one large development which constituted single asset real estate.
Procedural posture
Creditors of a chapter 11 debtor sought a determination that the assets of the debtor constituted single asset real estate under 11 U.S.C.S. § 362(d)(3).
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Court
:
In re Emergystat of Sulligent Inc.
Feb
29
2008
Ruling
Case dismissed due to debtor emergency medical service provider's mismanagement, failure to comply with court orders or requirements and failure to pay taxes.
Procedural posture
Creditor, the United States on behalf of the Internal Revenue Service (IRS), moved to dismiss or convert the debtor's chapter 11 case, asserting that cause existed for dismissal under 11 U.S.C.S. § 1112(b) and that dismissal was in the best interests of creditors and the estate. The other principal creditor and the bankruptcy trustee supported the motion.
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Court
:
In re Womble
Feb
29
2008
Ruling
Creditor with purchase money security interest in 910 vehicle not allowed deficiency claim.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed plan. A creditor, who held a claim secured by the debtor's vehicle, filed an objection to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Liebold
Jan
09
2008
Ruling
Creditor's deficiency claim barred by hanging paragraph where debtor proposed to surrender "910" vehicle.
Procedural posture
The debtors filed for bankruptcy relief under chapter 13 of the United States Bankruptcy Code and filed a proposed plan. A secured creditor objected to the plan. The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Cox
Jan
04
2008
Ruling
Settlement funds from lawsuit pending on petition date were property of the estate and could not be turned over to chapter 13 debtor upon voluntary dismissal.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. Thirteen months later, they filed a motion to dismiss their bankruptcy case, and the court granted their motion and directed distribution of the funds. The debtors filed a motion for an order requiring the chapter 13 trustee to turn over funds. The trustee opposed the motion.
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Court
: