- 11 U.S.C.
In re Holmdahl
Nov
03
2010
Ruling
Proceeds of foreclosure sale ordered to be applied to arrearages.
Procedural posture
The chapter 13 debtors sought to cure their pre-petition defaults pursuant to 11 U.S.C.S. § 1322(c)(1). A bank objected to the debtors' proposal to apply forfeited funds from a failed foreclosure sale to their mortgage arrearages.
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Court
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- 11 U.S.C.
Westlund v. Casper (In re Casper)
Nov
02
2010
Ruling
Debtor real estate speculator's personal use of creditor's client's investments resulted in nondischargeable debt.
Procedural posture
Creditor filed an adversary proceeding against defendant debtor, seeking a determination that the debtor owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2). The debtor filed a motion for summary judgment.
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:
Rice v. Sasse (In re Sasse)
Aug
13
2010
Ruling
Improper means test calculation was not grounds for dismissal.
Procedural posture
Plaintiff, a law firm creditor, filed a motion to dismiss defendant debtor's bankruptcy case for abuse under 11 U.S.C.S. § 707(b) or in the alternative, to revoke debtor's discharge. The creditor also sought to except debtor's debt from discharge under 11 U.S.C.S. § 523(a)(2)(A). Debtor moved for attorney's fees under § 523(d).
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:
- 11 U.S.C.
In re Manci
Aug
24
2007
Ruling
Court could modify Form B22C disposable income calculation based on anticipated changes in financial circumstances.
Procedural posture
Debtors filed for relief under chapter 13 and submitted a proposed plan. A trustee objected to the plan, challenging the income figure used by the debtors, pursuant to 11 U.S.C. § 1325.
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Court
:
- 11 U.S.C.
In re Kogler
Mar
30
2007
Ruling
Mortgage and car loan payments were appropriate Form B22A deductions regardless of intent to surrender.
Procedural posture
Before the court was the U.S. Trustee's motion to dismiss debtors'chapter 7 case.
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Bremer Bank v. Wyss (In re Wyss)
Sep
27
2006
Ruling
Debt secured by receivables was dischargeable where creditor did not lose value as a result of alleged fraud and there was not fiduciary relationship.
Procedural posture
Creditor brought an adversary proceeding against chapter 7 debtors, seeking a determination that debt owed it was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). Creditor also filed a motion for sanctions against debtors.
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Court
:
- 11 U.S.C.
United States Trustees Office v. McKittrick (In re McKittrick)
Aug
24
2006
Ruling
Extension of waiting period from six to eight years was not impermissibly retroactive and barred debtor's second case in seven years.
Procedural posture
In a chapter 7 bankruptcy case, plaintiff, the United States Trustee, filed an adversary complaint against defendant debtor, seeking a determination that, per 11 U.S.C. § 727(a)(8), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Act), debtor was not eligible to receive a chapter 7 discharge.
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:
- 11 U.S.C.
Goldberg v. Countrywide Home Loans Inc. (In re Seaway Intl Transp. Inc.)
Mar
08
2006
Ruling
Transfers were deemed not fraudulent since debtors received reasonably equivalent value by compensating their principal owner solely by making the owner's mortgage payments in exchange for the owner's services.
Procedural posture
Plaintiff trustee filed an action against defendant bank alleging that payments that the debtors had made to the creditor, to make mortgage payments that were owed to the creditor by the debtors'principal owner, were fraudulent transfers that could be recovered for the benefit of the debtors'estates, pursuant to 11 U.S.C. §§ 544 and 548.
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:
- 11 U.S.C.
Kapila v. WLN Family Ltd. Pship (In re LeNeve)
Mar
08
2006
Ruling
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
Procedural posture
Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)
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Court
:
- 11 U.S.C.
In re E.S. Profl Servs.
Oct
20
2005
Ruling
Creditor's involuntary petition was dismissed where the debtor showed that the debtor had more than twelve creditors and was generally paying its debts as they came due.
Procedural posture
Petitioning creditor filed an involuntary bankruptcy petition under 11 U.S.C. § 303(b)(2) against the alleged debtor. The court conducted a trial on the involuntary bankruptcy petition.
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