In re Courtney
Feb
08
2007
Ruling
Creditors not entitled to attorneys' fees for dischargeability proceeding filed without court approval and which did not result in benefit to the estate.
Procedural posture
Creditors filed a motion, pursuant to 11 U.S.C. §§ 105(a) and 503(b), for the payment of attorneys'fees incurred in their prosecution of an adversary proceeding against chapter 7 debtor, resulting in the denial of his chapter 7 discharge.
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Court
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In re Howard
Jan
23
2007
Ruling
Suspended attorney ordered to disgorge prepetition fees due to filing of false certificates of debtor's completion of financial management course.
Procedural posture
Before the court was the bankruptcy trustee's motion seeking an order compelling debtor's attorney to file the statement evidencing debtor's completion of an instructional course in personal financial management, and the trustee's motion for disgorgement of fees pursuant to 11 U.S.C. § 329(b), requesting an order directing that debtor's attorney disgorge all compensation paid him by debtor prior to the commencement of this bankruptcy case.
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Court
:
- 11 U.S.C.
In re Brandenburg
Jan
10
2007
Ruling
By filing schedules debtor waived Fifth Amendment privalege with regard to matters raised by the contents of the schedules.
Procedural posture
Creditor filed a motion to determine that chapter 7 debtor had waived his Fifth Amendment privilege with respect to all matters disclosed in his voluntary petition, statements, and schedules, and to order debtor to answer any and all questions related to those documents at his creditors'meeting held pursuant to 11 U.S.C. § 341, at any examination held pursuant to Fed. R. Bankr. P. 2004, /or at any other proceeding in the case.
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Court
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In re OQuinn
Dec
21
2006
Ruling
Service of involuntary debtor by first class mail was sufficient.
Procedural posture
Debtor moved for the dismissal of the involuntary petition filed under chapter 7 against him by petitioning creditor, asserting that the petition and the alias summons in the involuntary case were not served on the debtor in the manner required by Fed. R. Bankr. P. 1010.
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Court
:
- 11 U.S.C.
In re Moore
Dec
14
2006
Ruling
Credit counseling obtained on petition date prior to filing was acceptable.
Procedural posture
The chapter 13 and United States trustees filed motions, pursuant to 11 U.S.C. § 109(h)(1), to dismiss the debtors' chapter 13 and 7 cases.
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Court
:
- 11 U.S.C.
Jahn v. U.S. Xpress Inc. (In re Transcommunications Inc.)
Dec
04
2006
Ruling
Payments withheld by creditor for debtor's telephone services were not avoidable to the extent they consituted a setoff for overcharges.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, alleging that a lack of payment by the creditor for the debtor's telecommunications services during the 90 days prior to the debtor's bankruptcy petition constituted a setoff which was avoidable by the trustee pursuant to 11 U.S.C. § 553. The bankruptcy court conducted a trial.
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Court
:
In re Gentry
Nov
22
2006
Ruling
Creditor whose collateral was surrendered in full satisfaction of debt was not entitled to protection of 1325(a) "hanging paragraph."
Procedural posture
Creditor objected to the confirmation of chapter 13 debtors'plan.
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Court
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In re Kitts
Nov
16
2006
Ruling
Trustee's objection to unsecured claim sustained where plan provided for surrender of debtor's car in full satisfaction of debt.
Procedural posture
Debtors'filed for chapter 13 bankruptcy relief. The bankruptcy trustee filed an objection to a proof of claim filed by a creditor.
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Court
:
- 11 U.S.C.
Gable v. Olson (In re Olson)
Nov
14
2006
Ruling
Debt owed pursuant to dissolution of partnership was dischargeable absent proof of willful or malicious intent.
Procedural posture
Acting on her own behalf and on behalf of a dissolved Tennessee partnership, plaintiff partner filed an adversary proceeding complaint against defendant chapter 7 debtor seeking to determine the dischargeability of debts owed to the partner, arising from the partnership. The partner contended that the debts were not dischargeable under 11 U.S.C. § 523(a)(6). The court issued a legal memorandum detailing its findings and decision.
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Court
:
- 11 U.S.C.
In re Shepherd
Nov
03
2006
Ruling
Mobile home qualified as "debtor's principal residence" so that anti-modification provisions applied.
Procedural posture
Creditor objected to the confirmation of chapter 13 debtor's plan.
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Court
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