- 11 U.S.C.
In re Powers
Mar
12
2010
Ruling
Actions to collect domestic support obligation are not subject to automatic stay.
Procedural posture
A chapter 13 debtor filed a second emergency motion for an order to show cause why sanctions should not be granted against his ex-wife and her divorce attorney for alleged violations of the automatic stay. The debtor alleged that they violated the stay by seeking to enforce provisions of a divorce decree in state court.
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Court
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In re Vecera
Mar
11
2010
Ruling
Debtors could claim deduction for mortgage on property intended for surrender.
Procedural posture
Debtors filed a chapter 7 bankruptcy case. The United States Trustee (UST) moved to dismiss the bankruptcy case under 11 U.S.C.S. § 707(b)(1), (2), and (3).
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Court
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Smith v. Taylor (In re Taylor)
Dec
15
2009
Ruling
Denial of discharge denied absent evidence of debtor's "secret" interest in former business.
Procedural posture
Debtor filed a voluntary chapter 7 bankruptcy case in 2006. Plaintiff, an alleged creditor, commenced this adversary proceeding by filing a complaint seeking a complete denial of discharge based on 11 U.S.C.S. § 727(a)(2)(A), (3) and (4).
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Court
:
- 11 U.S.C.
Jones v. Bac Home Loan Servicing LP (In re Jones)
Nov
25
2009
Ruling
Postdischarge letter from creditor fell within periodic payment on secured debt exception to discharge injunction.
Procedural posture
The debtor in the reopened case, brought an adversary complaint seeking damages for a willful violation of the automatic stay under 11 U.S.C.S. § 362, the violation of the discharge injunction under 11 U.S.C.S. § 524. Defendant, her mortgage creditor, moved for summary judgment on the claims.
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Court
:
In re Cutler
Jul
09
2009
Ruling
Motion for bad faith dismissal based on alleged improper mortgage deduction and totality of circumstances denied.
Procedural posture
The U.S. Trustee (UST) moved to dismiss debtors' chapter 7 case under 11 U.S.C.S. § 707(b)(1), (2), (3).
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Court
:
- FRBP
In re Davidson
Mar
09
2009
Ruling
Trustee's settlement of employment discrimination action approved over debtor's objection.
Procedural posture
A bankruptcy debtor failed to disclose an employment discrimination claim in the debtor's bankruptcy, and failed to disclose the bankruptcy in the discrimination action, in which action the district court capped the debtor's damages to amounts due to creditors in the bankruptcy case and administrative expenses. The bankruptcy trustee moved for approval of a settlement in the discrimination action, and the debtor objected to the settlement.
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Court
:
- 11 U.S.C.
In re Mitchell
Feb
06
2009
Ruling
Creditor violated stay by contacting debtor and going to debtor's house after receiving notice of bankruptcy.
Procedural posture
A chapter 13 debtor filed a motion pursuant to 11 U.S.C.S. § 362(k)(1), seeking relief for violations of the automatic stay allegedly committed by a creditor.
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Court
:
- 11 U.S.C.
Gustin v. Miller (In re Miller)
Jan
27
2009
Ruling
Medical expenses owed by debtor to former spouse pursuant to divorce decree were nondischargeable domestic support obligations.
Procedural posture
Plaintiff creditor, a debtor's former wife, filed a complaint against defendant debtor, the former husband, asserting that a certain debt arising out of an agreed entry concerning modification of child support was nondischargeable. Both parties sought summary judgment.
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Court
:
- 11 U.S.C.
In re Frankfort Tower Indus. Inc.
Dec
30
2008
Ruling
Creditors'committee's objection to interim distribution overruled as creditors were bound by terms of confirmed plan.
Procedural posture
In a consolidated proceeding, the debtors sought relief under chapter 11 of the Bankruptcy Code and a plan of reorganization was confirmed. The debtors'disbursing agent filed a notice of intent to commence a fourth interim distribution, and the official creditors'committee objected to the notice.
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Court
:
In re Duncan
Dec
17
2008
Ruling
Debtor could not "strip off" second mortgage that was at least partially secured.
Procedural posture
Bankruptcy debtors asserted that a holder of a second mortgage against the debtors' residence was wholly unsecured because the value of the residence was less than the amount due on a first mortgage. The debtors moved to strip off the holder's second mortgage pursuant to 11 U.S.C.S. § 506(d).
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Court
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