- 11 U.S.C.
In re Inglis
Oct
22
2012
Ruling
Creditor did not lose antimodification protection on security interest in real property by also taking security interest in escrow funds.
Procedural posture
This matter came before the court upon the objection filed by a creditor that held a first mortgage in debtors' residence to confirmation of debtors' chapter 13 plan. The court took ruling on the matter under advisement at the conclusion of a hearing.
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Court
:
- 11 U.S.C.
Tucker v. Bricket (In re Bricket)
Oct
18
2012
Ruling
Avoidance proceeding dismissed as not filed within Bankruptcy Code limitations period despite longer period under state law.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against sibling of a bankruptcy debtor under state law seeking to avoid a transfer of property of the debtor to the sibling for no consideration. The sibling moved to dismiss the complaint based on the statute of limitations of 11 U.S.C.S. § 546.
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Court
:
- 11 U.S.C.
Krudy v. Hoetmer (In re Hoetmer)
Sep
26
2012
Ruling
Prepetition 401(k) loan repayment "reborrowed" just after petition date and converted to non- exempt property was fraudulent and avoidable.
Procedural posture
Plaintiff trustee alleged that a 401(k) loan repayment was a fraudulent transfer and sought to avoid and recover it from defendant debtor for the estate under 11 U.S.C.S. §§ 548(a)(1)(A), 550. The matter was pending judgment following a trial.
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Court
:
- 11 U.S.C.
In re Evans
Jul
10
2012
Ruling
Plan that evidenced a sincere effort at repayment confirmed over objection of former spouse's estate.
Procedural posture
The estate of a debtor's former spouse filed an objection to the confirmation of the debtor's chapter 13 plan.
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Court
:
- FRBP
In re Evans
Jul
10
2012
Ruling
Claim by estate of debtor's fomer spouse based on domestic relations order that was never entered was unsecured.
Procedural posture
Claimant, the decedent's estate for the former spouse of debtor filed a secured claim against debtor's estate for the funds debtor was obligated to pay the decedent under their separation award. The debtor filed an objection to claim, asserting any such claim was unsecured under the facts of the case.
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Court
:
- 11 U.S.C.
Wilson v. Wasson Nursery Inc. (In re Wilson)
Dec
28
2011
Ruling
Unlisted creditor's attempt to collect debt discharged in no asset case violated discharge injunction.
Procedural posture
Debtor filed its Motion for Summary Judgment with respect to the first claim of his three claims, the alleged willful violation of the discharge injunction. Defendant was a creditor.
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Court
:
- 11 U.S.C.
National Bank v. White (In re White)
Nov
09
2011
Ruling
Judgment for fraudulent presentment of check was nondischargeable.
Procedural posture
Bank filed a nondischargeability complaint against debtor under 11 U.S.C.S. § 523(a)(2)(A) for damages arising out of a check delivered by the debtor which was returned for insufficient funds. The debtor asserted various affirmative defenses and counterclaims. The parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
National Bank v. White (In re White)
Nov
09
2011
Ruling
Judgment for fraudulent presentment of check was nondischargeable.
Procedural posture
Bank filed a nondischargeability complaint against debtor under 11 U.S.C.S. § 523(a)(2)(A) for damages arising out of a check delivered by the debtor which was returned for insufficient funds. The debtor asserted various affirmative defenses and counterclaims. The parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Ellis
Oct
27
2011
Ruling
Non-economic interests in LLC were property of the estate notwithstanding state law.
Procedural posture
After a Chapter 7 debtor sought exemption of his membership interest in a limited liability company (LLC), a creditor objected, arguing that the debtor failed to list the value of that interest. The debtor amended his schedules to reflect the value of his interest in the LLC as zero.
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Court
:
MutualBank v. Doughty (In re Doughty)
Sep
19
2011
Ruling
Sale of collateral without notice and subsequent concealment and misrepresentations resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary action against defendant debtor to determine dischargeability of a debt under 11 U.S.C.S. § 523(a)(4) and (6).
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Court
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