In re Washington
Jan
11
2016
Ruling
Judicial lien could be avoided despite debtors' failure to claim a homestead exemption where amount of liens and minimum potential exemption exceeded the value of the property.
Issue(s)
Could debtors who had not claimed a homestead exemption avoid a judicial lien on their property?
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Court
:
In re Ash
Oct
29
2015
Ruling
Debtor could not convert case from chapter 11 to chapter 13 where debtor was not eligible under chapter 13 on the petition date.
Issue(s)
Whether the court should grant debtor's motion to convert his chapter 11 case to one under chapter 13 under 11 U.S.C.S. § 1112(d).
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Court
:
- 11 U.S.C.
Kloeber v. Montanari (In re Montanari)
Oct
29
2015
Ruling
Debtor sanctioned for failing to finalize agreed-upon, binding settlement with creditor and settlement terms were incorporated in final judgment.
Issue(s)
Could settlement debtor failed to finalize be enforced by the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Bankston
Oct
15
2015
Ruling
Debtor denied protective order on records held by third party.
Issue(s)
Was debtor entitled to a protective order covering records held by a third party?
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Court
:
Jenkins v. Schmank (In re Schmank)
Jul
27
2015
Ruling
Debt resulting from debtor's personal use of funds advanced by creditor for under partnership agreement was nondischargeable on grounds of fraud and fiduciary defalcation.
Issue(s)
Was debt nondischargeable due to debtor's personal use of funds advanced by creditor pursuant to partnership agreement?
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Court
:
In re Phillips
Jul
13
2015
Ruling
Debtor failed to establish damages for creditor's violation of the automatic stay.
Issue(s)
Was debtor entitled to damages for creditor's stay violation where actual notice to creditor was never established and debtor never communicated to creditor subsequent to the violation?
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Court
:
- 11 U.S.C.
In re Johnson
Jul
01
2015
Ruling
Section 1322(b)(2) applied to debtor's manufactured home residence that was partially located on a neighbor's property.
Issue(s)
Was loan secured by a mortgage on a manufactured home, which served as debtor's primary residence, partially situated on a neighbor's property, secured "only by a security interest in real property that is the debtor's principal residence" so as to prevent modification?
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Court
:
- 11 U.S.C.
Paris v. Walker (In re Walker)
May
08
2015
Ruling
Transfer to debtor's daughter two weeks before the petition date for no consideration was avoidable.
Issue(s)
Were transfers of two pieces of property to debtor's daughter for no consideration just prior to petition date avoidable?
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Court
:
- 11 U.S.C.
In re Miller
May
01
2015
Ruling
Confirmation denied where terms of plan contradicted cross-collateral provisions in loan agreement with creditor bank.
Issue(s)
Could debtor's third amended plan of reorganization be confirmed?
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Court
:
- 11 U.S.C.
Hubbard v. United States Dept of Educ. (In re Hubbard)
Apr
16
2015
Ruling
Student loan claim was nondischargeable as debtor failed to show that current difficulties would persist.
Issue(s)
Did debtor satisfy both prongs of the Brunner so as to be entitled to an undue hardship discharge of student loan debt?
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Court
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