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Northern District

In re Harris

The chapter 13 trustee objected to a claim filed by creditor because it was filed after the claims bar date. In response, the creditor contended that, for equitable reasons, the court should rely on Fed. R. Bankr. P. 5005(c) and treat the claim as having been timely filed or should consider it as an amendment to an earlier, informal proof of claim which related back to the earlier date.
Ruling: 
Court sustained trustee's objection to creditor's late-filed proof of claim since creditor could not invoke Rule 5005(c)'s exception for erroneous filing or Rule 3002(c)'s equitable exception.
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Warsco v. Saylor

In an adversary proceeding, plaintiff trustee sought a revocation of the discharge previously granted to defendant debtors on the ground that their bankruptcy schedules and statement of affairs had been materially false and that the debtors had knowingly and fraudulently made a false oath in connection with their bankruptcy in violation of 11 U.S.C. § 727(a)(4).
Ruling: 
Discharge was revoked since inaccurate information was provided during case.
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In re Kuhn

After the debtor filed a chapter 7 petition for bankruptcy, the court appointed the trustee and authorized the trustee to act as his own attorney. The trustee objected to the debtor's motion under 11 U.S.C. § 706(a) to convert her case to a chapter 13 case. When the court converted the debtor's case to a chapter 13 case, the trustee filed a claim under 11 U.S.C. § 507(a)(1) for attorney's fees and expenses. The debtor objected to the claim.
Ruling: 
A chapter 7 trustee was allowed to make a claim for reasonable compensation and expenses reimbursement for work performed as an attorney prior to a conversion to chapter 13.
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Bank Calumet v. Whiters (In re Whiters)

Plaintiff bank filed an adversary proceeding against defendant, a chapter 7 debtor, seeking a determination that all, or a portion of, its claim against debtor was excepted from discharge under 11 U.S.C. § 523(a)(4) and (a)(6).
Ruling: 
Debt related to refinancing loan for a vehicle was deemed dischargeable since debtor did not act in willful manner regarding creditor interests.
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Deubois v. Ozinga Indiana RMC Inc. (In re PG Indus.)

In an action brought under 11 U.S.C. § 547(b), plaintiff trustee filed a verified motion for a default judgment. In that motion, the trustee sought an award of prejudgment interest.
Ruling: 
Court ruled that prejudgment interest begins to accrue from the date the trustee demanded the transferee of property return the preferential transfer, but the court had to order the trustee to file further information as to when such a demand was made.
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Stubbs v. Chase Manhattan Mortg. Corp. (In re Stubbs)

Plaintiffs, a debtor joined by her chapter 13 trustee, brought an adversary proceeding pursuant to 11 U.S.C. § 544(a)(3) against defendant creditors seeking to avoid a mortgage lien based on an alleged improper acknowledgment. The matter was before the court for consideration upon a stipulated record.
Ruling: 
Mortgage lien was avoidable and subordinate to the hypothetical bona fide purchaser trustee since the mortgage had an improper acknowledgement and thus failed to provide constructive notice.
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