- 11 U.S.C.
Du Trac Cmty. Credit Union v. Hefel (In re Hefel)
Aug
05
2013
Ruling
Discharge revoked due to undervaluation of property, failure to schedule assets and false statements.
Issue(s)
Whether chapter 7 debtors who received a discharge should have their discharge revoked pursuant to 11 U.S.C.S. § 727(d)(1).
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Court
:
In re Tanner
May
28
2013
Ruling
Late filed proof of claim allowed in amount limited to that provided for in confirmed plan.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's proof of claim.
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Court
:
In re Cornish
Apr
24
2013
Ruling
Stay lifted to allow foreclosure as mortgage granted by debtor life tenants was valid.
Procedural posture
Creditor bank filed a motion to lift the automatic stay, pursuant to 11 U.S.C.S. § 362(d)(1) and (2), for the purpose of foreclosing on debtors' real estate. Debtors resisted the motion.
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Court
:
- 11 U.S.C.
In re Hansen
Apr
19
2013
Ruling
Credit union's claim for losses sustained from debtor's embezzlement from employer was nondischargeable.
Procedural posture
Credit union filed a complaint against chapter 7 debtor seeking to except a debt from discharge under 11 U.S.C.S. § 523(a)(4) based on losses it sustained from the debtor's alleged embezzlement from his employer.
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Court
:
In re Ehlinger
Mar
19
2013
Ruling
Statements by creditor's temporary manager in debtor's bar regarding payment violated stay.
Procedural posture
This matter came before the court on debtor's Motion for Order to Show Cause for Violation of the Automatic Stay and for Sanctions. The motion was directed against a creditor and temporary manager of the creditor.
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Court
:
In re Kwik-Way Prods.
Dec
28
2012
Ruling
Debtor awarded expenses and bank ordered to show cause why it should not be sanctioned for violating terms of chapter 11 plan.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's bankruptcy plan and closed the case. The debtor filed a motion to reopen its case and asked the court to issue an order which required a bank to show cause why it should not be sanctioned for violating the terms of the debtor's chapter 11 bankruptcy plan. The bank filed a motion for sanctions.
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Court
:
- 11 U.S.C.
In re Nemec
Jul
10
2012
Ruling
Stay could not be extended to cover actions against property owned by debtor's solely owned entity to recover non-consumer debt.
Procedural posture
A creditor sought to modify the automatic stay in order to proceed with a foreclosure petition against property owned by an entity of which a chapter 13 debtor was the sole shareholder. The debtor objected, asserting that a pending buyout of the real estate would benefit the creditor and other creditors.
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Court
:
- 11 U.S.C.
In re Scharpf
Feb
22
2012
Ruling
Debtor could not reopen case to reverse state court determination that claim of creditor that did not receive notice was nondischargeable.
Procedural posture
This matter came before the court on debtors' motions to reopen and to amend schedule and a creditor's response and motion to dismiss.
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Court
:
- FRBP
In re Hefel
Sep
19
2011
Ruling
Settlement approved as warranted due to potential substantial costs, inconvenience and delay of litigation.
Procedural posture
Movant, the chapter 7 trustee, sought approval of a compromise with debtors pursuant to Fed. R. Bankr. P. 9019, whereby the trustee agreed to abandon pursuing any interest in various closely-held corporations. An unsecured creditor that had filed a claim for in excess of $750,000 objected to the proposed settlement and offered to make a cash purchase of debtors' assets.
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Court
:
In re Jacobs
Jul
18
2011
Ruling
Debtor's attorney allowed supplemental fees with deductions for duplicative and inadequately described charges.
Procedural posture
An attorney for a Chapter 13 debtor filed an application for allowance of supplemental fees and expenses pursuant to 11 U.S.C.S. § 330(a). The Chapter 13 trustee filed an objection.
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Court
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