- 11 U.S.C.
Stephens v. IRS (In re Stephens)
Feb
26
2016
Ruling
Tax debt was nondischargeable due to debtor's attempt to evade the taxes after receiving notice of audit.
Issue(s)
Was tax debt nondischargeable due to debtor's willful evasion or attempts to avoid paying?
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Court
:
- 11 U.S.C.
United States v. Drummond (In re Drummond)
Apr
29
2015
Ruling
Debt for overpayment of SSA disability benefits obtained by debtor under false pretenses was nondischargeable.
Issue(s)
Was debt for overpayment of Social Security disability benefits nondischargeable?
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Court
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In re Johnson
Oct
24
2014
Ruling
Omitted creditor did not violate the discharge injunction in no asset case by holding tax refunds.
Issue(s)
Whether the court should grant debtor's motion for contempt against creditor, a state agency, based on debtor's allegation that creditor violated the discharge order under 11 U.S.C.S. § 524(a) by obtaining and refusing to return debtor's tax refunds.
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Court
:
- 11 U.S.C.
Allens Inc. v. D&E Farms Inc. (In re Vegetable Liquidation Inc.)
Jul
30
2014
Ruling
Claim including freight and fuel charges and interest at limited rate under the Perishable Agricultural Commodities Act allowed.
Issue(s)
Could creditor's claim based on shipment of beans under the Perishable Agricultural Commodities Act include interest, freight and fuel charges?
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Court
:
- 11 U.S.C.
In re Strzelecki
Apr
22
2014
Ruling
Partly secured creditor entitled to auto insurance proceeds in partial satisfaction of claim.
Issue(s)
Was partially secured creditor entitled to proceeds of auto insurance policy after debtor's vehicle was damaged in an accident with a deer?
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Court
:
- 11 U.S.C.
Emoral Inc. v. Diacetyl (In re Emoral Inc.)
Jan
24
2014
Ruling
Products liability cause of action against debtor manufacturer's successor was property of the debtor's estate.
Issue(s)
Whether a personal injury causes of action arising from the alleged wrongful conduct of a debtor corporation, asserted against a third-party non-debtor corporation on a "mere continuation" theory of successor liability under state law, is properly characterized as a "generalized claim" constituting property of the bankruptcy estate?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Cockrell
Aug
06
2013
Ruling
Approval of reaffirmation agreeement denied as not in best interest of debtor.
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Court
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In re Gaddy
Jun
07
2013
Ruling
Debtor could not avoid lien that did not impair any homestead exemption in property.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed a homestead exemption in a house she owned. A bank that obtained judgments in state court against the debtor and two trusts she managed filed an objection to the debtor's claim and moved for relief from the automatic stay and an order requiring the chapter 7 trustee to abandon the property. The debtor filed a motion to avoid the bank's lien.
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Court
:
In re Patel
Aug
23
2012
Ruling
Case converted to chapter 7 due to diminution of estate, gross mismanagement and lack of rehabilitation potential.
Procedural posture
A corporation wholly owned by bankruptcy debtors owned and operated a convenience store which suffered declining revenues due to increased competition, and the debtors' expenses exceeded their income. A creditor moved pursuant to 11 U.S.C.S. § 1112(b) to convert the debtor's chapter 11 case to chapter 7 or to dismiss the case.
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Court
:
- 11 U.S.C.
In re Covel
Jul
03
2012
Ruling
Debtor could not be required to reaffirm secured debt despite statement of intent to do so.
Procedural posture
Debtor filed a petition under chapter 7, and a bank that held a secured interest in the debtor's home filed a motion for an order requiring the debtor to reaffirm a debt she owed on her home, redeem the property, or surrender the property. The court held a hearing on the bank's motion.
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Court
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