- 11 U.S.C.
Demerdjian v. Thompson (In re Thompson)
Nov
01
2006
Ruling
Debtor's failure to disclose problems with state regulatory agency when selling massage school was not a material misrepresentation.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that debt owed to creditor was nondischargeable under 11 U.S.C. § 523(a)(2) or (a)(4).
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Court
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- 11 U.S.C.
Suh v. Davis (In re Lee)
Oct
31
2006
Ruling
Solvent third parties did not have standing to raise issue of stay violations.
Procedural posture
Plaintiff creditor filed a complaint to enforce a judicial lien against defendants, a purchaser and a lien holder. Defendants removed the complaint and filed a motion for summary judgment.
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Court
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In re Bayless
Oct
18
2006
Ruling
Creditor's secured claim could not be bifurcated into secured and unsecured portions upon debtor's surrender of vehicle.
Procedural posture
The debtors filed a motion to confirm their chapter 13 plan. The creditor which financed the debtors'vehicle filed an objection, arguing, in part, that the debtors were required to provide for the deficiency. The issue was whether 11 U.S.C. § 1325(a)(5) (2005) allowed the debtors to surrender a vehicle in full satisfaction of the debt.
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Court
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G.E. Cattle Co. v. United Producres Inc. (In re United Producers Inc.)
Oct
06
2006
Ruling
Appeal of plan confirmation dismissed as moot due to substantial consummation.
Procedural posture
Appellants, holders of prepetition judgments against one of appellee debtors for fraud, breach of contract, conversion, and Packers and Stockyards Act violations, objected to debtors'amended plan. They challenged the Bankruptcy Court for the Southern District of Ohio's orders finding that the plan met all the confirmation standards, and confirming the plan. Debtors moved to dismiss the appeal as equitably moot.
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- 11 U.S.C.
In re Jarvis
Sep
29
2006
Ruling
Bankruptcy petition preparer sanctioned for failure to comply with signature requirements and for failing to file compensation disclosure statement.
Procedural posture
The United States Trustee filed a motion seeking to impose fines on a bankruptcy petition preparer in a chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. § 110(l)(1) and (2)(d). The Trustee also sought forfeiture of the preparer's compensation pursuant to section 110(h). The preparer did not appear or respond to the Trustee's motion.
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Court
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- 11 U.S.C.
First Am. Title Ins. Co. v. Nation (In re Nation)
Sep
27
2006
Ruling
Title company that paid mortgage note under policy could not collect from debtor where mortgage was provided for in plan and discharge had issued.
Procedural posture
Plaintiff title company commenced an adversary proceeding against defendant debtor to determine whether a debt under a promissory note was discharged pursuant to a chapter 13 plan. In the alternative, the title company sought to vacate the discharge to permit collection. Both parties filed motions for summary judgment.
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Court
:
- FRBP
Buckeye Ret. Co. LLC v. Hake (In re Hake)
Sep
14
2006
Ruling
Creditor properly sanctioned for attempting to file adversary proceeding on behalf of the estate for purposes of harassment.
Procedural posture
Appellant creditor sought review of a final order of the Bankruptcy Court for the Northern District of Ohio, which sanctioned it for violating Fed. R. Bankr. P. 9011(b)(1) and (2) when it filed, in appellee debtors'chapter 11 case, a motion for leave to file an adversary proceeding on behalf of the bankruptcy estate to recover monies contributed by one debtor to his 401(k) retirement account.
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- 28 U.S.C.
In re Bradshaw
Aug
25
2006
Ruling
Application fo filing fee waiver denied where debtor had excess monthly income sufficient to pay in installments.
Procedural posture
A chapter 7 debtor filed an application asking the court to waive the bankruptcy filing fee in her case as allowed under 28 U.S.C. § 1930(f)(1). The chapter 7 trustee objected to the application, contending that the debtor had not correctly and fully disclosed her monthly income. In response to the trustee's objection, the debtor filed amended schedules and an amended fee waiver application with the court.
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Court
:
- 11 U.S.C.
Coffey v. Coffey (In re Coffey)
Aug
21
2006
Ruling
Former spouse's claim of Interest in marital property did not become debt if not yet ruled upon by divorce court.
Procedural posture
Plaintiff, debtor and former husband, filed an adversary complaint seeking a determination that defendant creditor-former wife's as yet undetermined state court property settlement claims were discharged, except for a nominal claim. The wife disputed the discharge. The parties filed cross motions for summary judgment, and the court considered whether the proceeding should be dismissed for failure to present a justiciable case or controversy.
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Court
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- 11 U.S.C.
In re Reyes
Aug
18
2006
Ruling
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
Procedural posture
A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).
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Court
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