- 11 U.S.C.
Fugate v. Equity One Inc. (In er Graybeal)
Aug
17
2006
Ruling
Erroneously released deed of trust could be preserved for benefit of estate over objection of junior lienholder.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in its action, which sought to preserve an avoided lien for the benefit of the estate pursuant to 11 U.S.C. § 551. Creditor filed a cross motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Tomlinson
Aug
07
2006
Ruling
Trustee could not recover one-half value of Cessna aircraft from debtor's former spouse absent evidence of debtor's one-half ownership.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's former husband, seeking to recover one-half the value of a Cessna aircraft pursuant to the provisions of 11 U.S.C. §§ 544 and 550. After denying the parties' cross-motions for summary judgment, the court held a hearing on the decisive issues, i.e., whether the debtor ever owned a one-half interest in the aircraft.
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Court
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Still v. Gault (In re Gault)
Aug
04
2006
Ruling
Concealment of prepetition property did not provide grounds for revocation of discharge.
Procedural posture
In a chapter 7 case, plaintiff trustee sued defendant debtor, seeking to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d)(2). The court denied the trustee's motion for default judgment and dismissed the complaint. The trustee then moved to vacate the dismissal.
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Court
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In re Cole
Jul
31
2006
Ruling
Case dismissed where debtor obtained credit counseling on filing date and not within 180 days before filing.
Procedural posture
Chapter 13 trustee filed a motion to dismiss debtor's bankruptcy case for failure to timely obtain the credit counseling briefing required by 11 U.S.C. § 109(h).
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Court
:
Webb v. Bible (In re Bible)
Jul
13
2006
Ruling
Debtor's motion to dismiss creditor's proceeding seeking denial of discharge was granted in part and denied in part since creditor had sufficiently pled fraud claim.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against defendants, a debtor and an individual, in which the creditor sought the denial of the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4) and (5), a determination regarding the dischargeability of a debt under 11 U.S.C. § 523(a)(6), alleged fraudulent conveyances. Defendants moved to dismiss.
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Court
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In re Long
Jul
12
2006
Ruling
Plan was confirmed since court held that debtors could surrender vehicles in full satisfaction of debt and creditors could not assert unsecured claim for deficiency balance.
Procedural posture
Two creditors holding secured interests in debtors' motor vehicles challenged the confirmation of debtors'plan as not meeting the requirements of 11 U.S.C. § 1325(a)(1) and (a)(3), and did not provide for adequate protection pursuant to 11 U.S.C. § 361, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
:
- 11 U.S.C.
In re Fee
Jul
06
2006
Ruling
Court disallowed creditor's secured claim since confirmation order controlled and plan called for debtors to surrender vehicle in full satisfaction of debt.
Procedural posture
Debtors filed a voluntary bankruptcy petition. A creditor, which held a security interest in the debtors'automobile, filed a secured claim. A chapter 13 bankruptcy trustee filed an objection to the creditor's proof of claim.
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Court
:
- 11 U.S.C.
In re Wagner
May
22
2006
Ruling
Creditor's objection to plan confirmation was sustained since proposed plan violated equal monthly payment requirement.
Procedural posture
Objector creditor filed an objection to confirmation of the debtor's chapter 13 plan and asked the court to deny confirmation.
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Court
:
- 11 U.S.C.
In re Ezell
Mar
13
2006
Ruling
Court ruled that section 1325(a)(5)'s anti-cramdown paragraph allowed debtors to surrender creditor's collateral to satisfy an allowed secured claim in full.
Procedural posture
A contested matter was before the court on a secured creditor's Objection to Confirmation of Plan and Plan Terms, objecting to confirmation of debtors'chapter 13 plan.
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Court
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In re Appalachian Star Ventures Inc.
Mar
09
2006
Ruling
Trustee was denied motion for disgorgement of the debtor's attorney's retainer following conversion of case to chapter 7 since the attorney held a lien on the retainer and was not similarly situated with unsecured administrative claimants.
Procedural posture
With court approval, a bankruptcy debtor paid a retainer to an attorney to represent the debtor in chapter 11 proceedings, but the debtor's case was subsequently converted to chapter 7. The chapter 7 trustee moved for disgorgement of the attorney's retainer pursuant to 11 U.S.C. § 726(b) to allow a pro rata distribution to administrative claimants, including the attorney.
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Court
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