- 11 U.S.C.
In re Fileccia
Jun
06
2007
Ruling
Debtor's failure to provide tax returns required dismissal despite potential for abuse by dishonest debtor.
Procedural posture
A debtor filed a motion to dismiss her chapter 7 bankruptcy case for failure to provide tax returns to the trustee, as required under 11 U.S.C. § 521(e)(2). The trustee and a creditor objected to the motion.
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Court
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In re Schmidt
May
31
2007
Ruling
Motion to reopen denied on grounds of futility and lack of relief available to debtors.
Procedural posture
Pursuant to 11 U.S.C. § 350(b), debtors, a married couple appearing pro se, asked the court to reopen their chapter 13 bankruptcy case. Two creditors, being a mortgage servicer and the assignee of the note and mortgage on debtors'residence, opposed the motion on the ground that debtors had failed to identify grounds sufficient to justify the same. The chapter 13 trustee also filed an objection thereto.
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Court
:
- 11 U.S.C.
In re Knox
May
23
2007
Ruling
Obligation to pay credit card debt pursuant to divorce decree was not a domestic support obligation and was dischargeable.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for payment of debt arising from one debtor's prior divorce proceedings as general unsecured debt. The debtor's former spouse objected to confirmation of the debtors'plan on the ground that the debt was entitled to priority treatment under 11 U.S.C. § 507(a)(1) as a domestic support obligation.
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Court
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In re Harris
May
02
2007
Ruling
Court denied stay pending appeal of order granting relief from stay to allow action for possession of property occupied by debtor pursuant to installment sale contract.
Procedural posture
A chapter 13 debtor filed a motion, pursuant to Fed. R. Civ. P. 62 and Fed. R. App. P. 8, for a stay pending appeal of orders, which denied the debtor's motion for sanctions and granted the sellers'motion for relief from the automatic stay under 11 U.S.C. § 362(d).
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Court
:
- 11 U.S.C.
In re Derryberry
Apr
30
2007
Ruling
Case dismissed due to debtor's bad faith filing and inability to propose a confirmable plan.
Procedural posture
Chapter 13 trustee and creditor filed objections to the confirmation of debtor's plan.
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Court
:
- 11 U.S.C.
Looper v. United States Dept of Educ. (In re Looper)
Apr
25
2007
Ruling
Incarcerated debtor denied undue hardship discharge of student loan debt.
Procedural posture
Defendants, two of plaintiff chapter 7 debtor's student loan creditors, filed motions for summary judgment in the debtor's action, which sought a determination that the debtor's student loans owed to all of the defendants were dischargeable under the undue hardship provisions of 11 U.S.C. § 523(a)(8). The debtor also filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Tomblin v. Robbins (In re Robbins)
Apr
19
2007
Ruling
Late dischargeability complaint was not time barred as creditors were not listed and received only four days notice of bar date.
Procedural posture
Plaintiff sought a determination that any judgment for damages obtained by plaintiff in a pending state court action against defendant debtor be declared nondischargeable under 11 U.S.C. § 523(a)(2), (4) or (6).
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Court
:
- 11 U.S.C.
Pike v. Currin (In re Currin)
Apr
13
2007
Ruling
"Property settlement" owed by debtor to former spouse in ten years of monthly payments was in the nature of support and nondischargeable.
Procedural posture
Plaintiff former spouse sued defendant debtor, seeking a determination that the debtor's obligation to pay a sum monthly for a period of 10 years pursuant to the parties'divorce decree was nondischargeable under 11 U.S.C. § 523(a)(5) and (a)(15).
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Court
:
- 11 U.S.C.
In re McGill
Apr
13
2007
Ruling
Petition preparers held jointly and severally liable for numerous violations.
Procedural posture
The United States Trustee filed a consolidated motion in two bankruptcy cases for the imposition of fines pursuant to 11 U.S.C. § 110(l)(1) and (2)(D) and for forfeiture of compensation pursuant to section 110(h) against two bankruptcy petition preparers.
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Court
:
In re Tucker
Apr
12
2007
Ruling
Debtor could surrender truck in full satisfaction of secured claim pursuant to hanging paragraph.
Procedural posture
Before the court for its report and recommendation was plaintiff chapter 7 trustee's action against defendant creditor, alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692e(5) and 1692e(10).
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Court
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