- 11 U.S.C.
Kendall v. Able Debt Settlement Inc. (In re Kendall)
Dec
09
2010
Ruling
Bankruptcy court did not err in denying avoidance of service fees for debt adjustment as fraudulent transfers.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary complaint against defendant debt settlement company in which it sought to recover service fees paid by the debtors on the ground that the fees were fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The United States Bankruptcy Court for the District of North Dakota entered judgment in favor of defendant. Plaintiff appealed.
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:
Judge or Jurisdiction information not available
Georgen v. Grimilie (In re Grimilie)
Nov
15
2010
Ruling
Discharge properly denied due to fraudulent transfers.
Procedural posture
Appellant debtor challenged decisions of the U.S. Bankruptcy Court for the District of Minnesota, which (i) vacated and denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2) and (a)(4)(A); (ii) sustained an objection to his homestead and farming equipment exemptions; and (iii) avoided fraudulent transfers to his wife and children under 11 U.S.C.S. § 548 and dered the sale of his home pursuant to 11 U.S.C.S. § 363(h)
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sederlund v. Educational Credit Management Corp. (In re Sederlund)
Nov
01
2010
Ruling
Undue hardship discharge of student loan debt denied to below poverty line debtor who was voluntarily underemployed and supported by partner.
Procedural posture
After a Chapter 7 debtor filed an adversary proceeding against defendant loan holder to have her student loans discharged, the United States Bankruptcy Court for the District of Minnesota held that the student loans should not be discharged under 11 U.S.C.S. § 523(a)(8). The debtor appealed.
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:
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In re Box
Jun
03
2010
Ruling
Relief from stay to foreclose denied where alleged assignee could not establish that it held the original note.
Procedural posture
Movant, the alleged assignee-mortgagee of the debtors, moved for relief from the automatic stay to allow it to exercise its rights under Missouri law against the debtors' real property. The debtors did not oppose the motion, but the chapter 7 trustee challenged the alleged assignee's standing to seek relief from the stay, and its failure to produce the original promissory note.
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Court
:
- 11 U.S.C.
Harmon Autoglass Intellectual Prop. LLC v. Leiferman (In re Leiferman)
Apr
30
2010
Ruling
Bankruptcy court did not err in striking debtor's answer in nondischargeability proceeding and entering default judgment of nondischargeability.
Procedural posture
Chapter 7 debtor sought review of an order of the Bankruptcy Court for the District of Minnesota, which struck his answer as a sanction for discovery abuses, entered a default judgment against him and in favor of appellee creditor in the amount of a judgment debt, and found that debt to be nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Walker v. Sallie Mae Servicing Corp. (In re Walker)
Apr
09
2010
Ruling
Bankruptcy court properly granted undue hardship discharge of student loan debt due to debtor's insufficient family income.
Procedural posture
Debtor filed a chapter 7 petition and received a discharge. The debtor filed an adversary proceeding against defendants, including a creditor, seeking to discharge her student loan debt as an undue hardship under 11 U.S.C.S. § 523(a)(8). The Bankruptcy Court for the District of Minnesota found the debtor's student loans to be dischargeable as an undue hardship. The creditor appealed.
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:
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In re Sheppard
Mar
29
2010
Ruling
Objection to amended proof of claim overruled where creditor filed sufficient supporting documentation.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and he filed schedules which indicated that he owed credit card debt to a bank in the amount of $ 15,000. The debtor's case was converted to one under chapter 13 of the Bankruptcy Code, and a claimant filed a claim against the debtor's bankruptcy estate, claiming that it had purchased the debtor's credit card debt. The debtor filed an objection to the creditor's claim.
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Court
:
- 11 U.S.C.
Stephens v. Hedback (In re Stephens)
Mar
12
2010
Ruling
Debtor could not claim exemption in property in which she held no interest.
Procedural posture
Debtor challenged an Order of the U.S. Bankruptcy Court for the District of Minnesota approving a settlement entered between the Trustee in her chapter 7 bankruptcy case, and the Trustee in her husband's separate chapter 7 bankruptcy case. Debtor asserted that the approval of the settlement was error because it failed to consider her claimed homestead interest in the property involved.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Nelson v. Killman (In re Killman)
Feb
26
2010
Ruling
Trustee granted premium to sell debtor's interest in real property subject to life rights of debtor's mother.
Procedural posture
Plaintiff, the chapter 7 trustee, filed an adversary proceeding against defendants, the debtor, her mother and the debtor's sister, seeking turnover of, and authority to sell, residential real property which they owned, but which was occupied by the mother as her residence.
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Court
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Treadwell v. Glenstone Lodge Inc. (In re Treadwell)
Jun
16
2009
Ruling
Cost of event held by debtor's travel agency at creditor's lodge was dischargeable absent showing of fraud.
Procedural posture
Debtors brought an adversary proceeding against judgment creditor seeking to avoid the creditor's judicial lien, and the creditor asserted counterclaims seeking a determination that the debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a) based on fraud, false pretenses, and willful and malicious injury.
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