Jordahl v. Burrell (In re Jordahl)
Nov
02
2015
Ruling
Debtor's plan could not provide for regular payments on student loan debt while paying less on other unsecured non-priority debts.
Issue(s)
Whether a chapter 13 debtor is permitted to pick and choose subsections of 11 U.S.C.S. § 1322(b) with which he will comply to the exclusion of other subsections, or whether when debtor's treatment under one subsection of § 1322(b) falls within the ambit of another subsection, the debtor must meet all standards of that other subsection.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Heritage Bank v. Woodward (In re Woodward)
Aug
13
2015
Ruling
Confirmation order reversed in individual chapter 11 case due to violation of the absolute priority rule.
Issue(s)
Whether the absolute priority rule applies to individual debtors in chapter 11 and whether the value of the property to be distributed under the plan is less than the debtor's disposable income?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Broos v. United States (In re Broos)
Jul
16
2015
Ruling
Debtor's proceeding against the IRS for violation of the discharge injunction by its employees was barred by sovereign immunity so that the United States was properly substituted as defendant.
Issue(s)
Was the United States properly substituted as the defendant in debtor's proceeding against IRS officials for violation of the discharge injunction?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Wilson v. Walker (In re Walker)
Apr
07
2015
Ruling
Artist management agreement was void as unconscionable and was not the basis for a valid proof of claim.
Issue(s)
Did the bankruptcy court err in denying a judgment that a debt owed to creditor under an artist management agreement was nondischargeable?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Nielsen v. ACS Inc. (In re Nielsen)
Oct
27
2014
Ruling
Bankruptcy court properly found that mold exposure did not create disability that would create an undue hardship grounds and justify a student loan discharge.
Issue(s)
Whether bankruptcy court properly held that debtor failed to meet her burden of proving an undue hardship under 11 U.S.C.S. § 523(a)(8).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Caldwell v. Dewoskin
Jun
27
2014
Ruling
Court barred from considering alleged stay violations by Rooker-Feldman doctrine due to state court's prior orders.
Issue(s)
Could bankruptcy court consider whether the automatic stay applied to creditors' attempts to enforce the debtor's obligations in the state court's previous orders where the issue was thoroughly presented and argued before the state court and the state court decided that issue?
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Court
:
- 11 U.S.C.
Fields v. Fields (In re Fields)
May
15
2014
Ruling
Bankruptcy court properly held that creditor's general manager's testimony established intent for purposes of finding of nondischargeability.
Issue(s)
Whether the bankruptcy court clearly erred when it found that the debtor made a misrepresentation to creditor regarding how the proceeds of a loan would be used on which creditor justifiably relied and whether the bankruptcy court appropriately determined that the debtor's misrepresentation was made with the requisite knowledge and intent to deceive?
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Court
:
Judge or Jurisdiction information not available
- FRBP
Young v. Young (In re Young)
Mar
12
2014
Ruling
Sanctions against debtor's attorney for false statements in plan affirmed.
Issue(s)
Whether the bankruptcy court erred when it held that debtor's attorney should be sanctioned for conduct throughout a debtor's case, suspended the attorney from the practice of law in the bankruptcy court for a period of time and imposed sanctions against under its inherent authority?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Behrens v. U.S. Bank (In re Behrens)
Nov
26
2013
Ruling
Relief from stay properly granted due to multiple filings intended to delay or hinder creditors.
Issue(s)
Whether the bankruptcy court acted properly when it granted relief from the automatic stay to allow creditor to complete its foreclosure proceeding.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Chae v. Bennett (In re Bennett)
Nov
13
2013
Ruling
Relief from stay properly denied where debts creditor sought to pursue were discharged.
Issue(s)
Did bankruptcy court err in denying creditor's relief from stay on grounds that malpractice and negligence claims were dischargeable and no timely adversary proceeding for fraud had been filed.
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Court
:
Judge or Jurisdiction information not available