In re Schwartz
Feb
11
2015
Ruling
Case dismissed where allowing debtors to remain in chapter 7 bankruptcy while maintaining a lavish lifestyle would result in misuse of bankruptcy protections.
Issue(s)
Is dismissal of a chapter 7 case for cause limited to technical or procedural violations by debtors or could debtors' extravagant lifestyle provide grounds for dismissal?
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Court
:
- FRBP
Marshall v. Illinois Dept of Healthcare & Family Servs. (In re Jennings)
Sep
24
2014
Ruling
Trustee has power and responsibility to recover an erroneous payment.
Issue(s)
Could trustee recover funds erroneously distributed to state department of healthcare and family services pursuant to debtor's chapter 13 plan?
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Court
:
Morales v. Giddens (In re Giddens)
Aug
05
2014
Ruling
Debt under property settlement agreement was not a domestic support obligation but was nondischargeable as debtor had not intention of honoring the agreement when entered.
Issue(s)
Was debt to former spouse for obligations under property settlement agreement nondischargeable?
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Court
:
- 11 U.S.C.
In re Abrego
Mar
25
2014
Ruling
Debtor was not precluded from modifying claim secured by debtor's principal residence that was a multi-family property.
Issue(s)
Was a loan secured by a mortgage on debtors' residence that was also partially used for rental purposes subject to modification?
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Court
:
- 11 U.S.C.
In re K&K Holdings LLC
Feb
13
2014
Ruling
Plan could not be confirmed as rate of interest on crammed down loan was insufficient.
Issue(s)
Could plan proposing proposes to make payments on secured claim over ten years with interest at a cramdown rate on a 30 year amortization schedule, with creditor retaining liens, and payment of the full balance of the claim in ten years be confirmed?
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Court
:
In re Hall
Oct
22
2013
Ruling
Plan confirmed over trustee's objection as 401(k) payments were properly removed from projected disposable income calculation.
Issue(s)
Whether court should sustain trustee's objection to confirmation on the grounds that by continuing to make a voluntary 401(k) contribution each month, debtor was not applying all projected disposable income to make payments to unsecured creditors in violation of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
Panos & Assocs. LLC v. Mitchell (In re Mitchell)
Jun
04
2013
Ruling
Claim for fees incurred by attorneys for debtor's former spouse in post-divorce matter was nondischargeable.
Procedural posture
This matter came before the court following trial on the complaint brought by plaintiff creditor against defendant debtor, seeking a finding that the debt debtor owed to the creditor was nondischargeble under 11 U.S.C.S. § 523(a)(5), (a)(15).
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Court
:
- 11 U.S.C.
Beerman Swerdlove LLP v. Korner (In re Korner)
Apr
18
2013
Ruling
Discharge denied due to false statements and omissions concerning material matters.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking a denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) based on numerous false statements and omissions in the debtor's filings in the bankruptcy case.
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Court
:
- 11 U.S.C.
Williams v. Marshall (In re Williams)
Mar
13
2013
Ruling
Funds held by trustee after voluntary dismissal of case had to be returned to debtor.
Procedural posture
Debtors filed a complaint against chapter 13 trustee, seeking turnover of all funds still on hand at the time their bankruptcy case was dismissed. The debtors filed a motion for judgment on the pleadings.
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Court
:
- 11 U.S.C.
Rutkowski v. Adas (In re Adas)
Mar
07
2013
Ruling
Debt relating to inflated amounts collected by contractor from creditor's construction loan proceeds was nondischargeable.
Procedural posture
Plaintiff claimant sought a judgment that an obligation of defendant debtor, claimed by plaintiff to arise out of debtor's conduct in constructing a residence for plaintiff, was nondischargeable per 11 U.S.C.S. § 523. At issue was whether plaintiff had proven the existence of a fiduciary relationship and all other elements required for relief under § 523(a)(4).
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Court
: