- 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
:
- 11 U.S.C.
In re Ausburn
Feb
10
2015
Ruling
Mortgage lender violated by completing foreclosure process that had started prior to petition date after the petition date.
Issue(s)
Did postpetition sale violate stay where debtor's right of redemption expired prior to the petition date?
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Court
:
- 11 U.S.C.
Jefferson v. Arkansas Dept of Fin. & Admin. (In re Jefferson)
Dec
11
2014
Ruling
Debtor's claims against state tax agency that had filed proofs of claim were not barred by sovereign immunity.
Issue(s)
Were debtor's claims against state tax agency that had filed proofs of claim barred by sovereign immunity?
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Court
:
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.
In re Rogers
Sep
22
2014
Ruling
Debtor's attorneys not entitled to have their fees paid directly by trustee after denial of confirmation.
Issue(s)
Where chapter 13 case was dismissed prior to confirmation, could debtor's attorneys' fees be paid directly by trustee from preconfirmation monthly payments on hand or were the attorneys required to file a fee application?
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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 Dickens
Jul
25
2014
Ruling
Trustee's fee based on fixed percentage of plan payments had to be returned to debtor upon preconfirmation dismissal.
Issue(s)
Whether the trustee is permitted to retain a collected percentage fee provided for by 28 U.S.C. § 586 when the debtors' case was dismissed prior to confirmation of a plan?
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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.
In re Living Hope Southeast LLC
Jan
29
2014
Ruling
Relief from stay to pursue litigation against debtor denied given low likelihood of success and possible negative impact on other creditors and value of estate.
Issue(s)
Should relief from stay be granted to allow doctor to pursue case arising out of breach of lease and damage to property against debtor provider of outpatient psychiatric services?
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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