- 11 U.S.C.
Hernandez v. Sulier (In re Sulier)
Nov
25
2015
Ruling
Debt was dischargeable where debtor's representations regarding delivery of clear title were honest.
Issue(s)
Did debtor's alleged misrepresentations regarding title to property result in nondischargeable debt?
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Court
:
Loos v. Koperski (In re Koperski)
Nov
05
2015
Ruling
Bankruptcy court exercised discretionary abstention with regard to state law defamation claims brought by debtor's former spouse.
Issue(s)
Should the bankruptcy court abstain from hearing and determining debtor's former spouse's defamation claims?
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Court
:
- 28 U.S.C.
Le v. Wells Fargo Bank N.A. (In re Le)
Sep
18
2015
Ruling
Debtors' proceeding against mortgage company regarding prepetition foreclosure, on which right of redemption had expired, dismissed for lack of jurisdiction.
Issue(s)
Did the bankruptcy court have jurisdiction over debtor's proceeding against bank based on prepetition mortgage foreclosure?
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Court
:
- 11 U.S.C.
In re Brown
Sep
11
2015
Ruling
Debtor could not strip down debt secured by junior lien assumed by former spouse and transferred to debtor as part of divorce settlement.
Issue(s)
Could debtor reclassify creditor's claim reclassified from secured to unsecured, modify the terms of the mortgage for the duration of the chapter 13 plan, and avoid the creditor's mortgage entirely upon discharge?
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Court
:
- 28 U.S.C.
Faricy Law Firm P.A. v. A.P.I. Inc. Asbestos Settlement Trust
Sep
09
2015
Ruling
Bankruptcy court lacked jurisdiction over postconfirmation attorneys' fee claim filed against asbestos trust for chapter 11 debtor in case that had been closed.
Issue(s)
Could bankruptcy court hear a postconfirmation attorneys' fee claim filed against chapter 11 debtor's asbestos trust after the case had been closed?
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Court
:
- 11 U.S.C.
In re Stewart
Sep
01
2015
Ruling
Debtor could surrender title to LLC that serviced the mortgage on the property.
Issue(s)
Could debtor obtain an order to surrender title to property directly to the LLC that serviced a mortgage on the property?
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Court
:
- 11 U.S.C.
In re Sowell
Aug
07
2015
Ruling
Attorneys fee application of chapter 13 debtor's attorney for fees earned prior to conversion to chapter 7 approved.
Issue(s)
Were debtor's attorneys' entitled to fees earned in chapter 11 case prior to conversion to chapter 7?
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Court
:
- 11 U.S.C.
Kelley v. Opportunity Fin. LLC (In re Petters Co.)
Jun
11
2015
Ruling
Trustee could seek avoidance of transfers by debtor Ponzi scheme operator to charities.
Issue(s)
Were charities that received payment from debtor that operated a Ponzi scheme entitled to dismissal of trustee's avoidance claims?
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Court
:
- 11 U.S.C.
Seaver v. Ashenfelter (In re MSP Aviation LLC)
Jun
05
2015
Ruling
Bankruptcy court declined to recharacterize loan debt as equity given factual findings.
Issue(s)
Could bankruptcy court recharacterize debt as equity rather than a loan?
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Court
:
- 11 U.S.C.
In re Lien
Mar
16
2015
Ruling
Property of converted chapter 13 case ordered to become property of subsequent chapter 7 case where debtor converted the case in bad faith to avoid paying inheritance to trustee.
Issue(s)
Was debtors' conversion of case from chapter 13 to chapter 7 done in bad faith so that an inheritance received by the debtors while the case was in chapter 13 was property of the chapter 7 bankruptcy estate and subject to turnover?
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Court
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