U.S. Bank N.A. v. Young (In re Young)
Jan
12
2006
Ruling
Debtor's lack of subject matter jurisdiction argument based on the debtor's status as a farmer was rejected since section 303(a) of the Code does not provide a jurisdictional challenge but rather an involuntary petition defense, one that the debtor waived by consenting to the petition.
Procedural posture
Defendant debtor appealed from an order of the bankruptcy court granting several of plaintiff creditors'motions for summary judgment, wherein the creditors asserted that debtor was collaterally estopped by a guilty plea from arguing that he did not incur his obligations to them by way of fraud
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- 11 U.S.C.
In re Ward
Jan
07
2006
Ruling
Social security income excluded from calculation of disposable income.
Procedural posture
The debtor filed for bankruptcy relief under chapter 13 and submitted a proposed plan. The trustee objected to the plan, asserting that the debtor was not going to pay all of her projected disposable income into the plan during the applicable commitment period as required by 11 U.S.C. § 1325(b).
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Court
:
- 11 U.S.C.
Missouri ex rel. Nixon v. Foster (In re Foster)
Jan
05
2006
Ruling
Debtors were denied a discharge since they knowingly and fraudulently failed to disclose or correct numerous material omissions or to comply with a court order to produce documents.
Procedural posture
In consolidated adversary proceedings, motions for partial summary judgment were filed on certain of the claims asserted in the complaints filed by plaintiffs, state, an individual, and the trustee, for denial of discharge to debtors and defendants debtors, pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A), (a)(5) and (a)(6)(A).
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Court
:
In re Nuttall
Dec
27
2005
Ruling
Debtors were granted a waiver of the filing fee based on a review of their income.
Procedural posture
Debtors, a husband and wife, filed an application for waiver of the chapter 7 filing fee for individuals who could not pay the filing fee in full or in installments pursuant to 28 U.S.C. § 1930(f).
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Court
:
- 11 U.S.C.
In re Talib
Dec
01
2005
Ruling
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
Procedural posture
Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
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Court
:
In re Gee
Oct
26
2005
Ruling
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
Procedural posture
A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.
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Court
:
Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)
Oct
13
2005
Ruling
Lien holder was barred by automatic stay from correcting the lien holder's mistaken release of debtor since filing established the trustee as a hypothetical lien creditor senior to the lien holder.
Procedural posture
Plaintiff, a servicer for a prior lien holder, alleged that it filed a corporate deed of release in error and that defendant debtor's note has not been paid in full. The servicer sought to have the deed of release set aside and the deed of trust reinstated. The debtor and defendant trustee opposed reinstatement of the deed of trust as violating 11 U.S.C. § 544(a). The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Martens v. Countrywide Home Loans (In re Martens)
Oct
03
2005
Ruling
Order granting relief from automatic stay was affirmed where the debtor admitted to making no mortgage payments for several months and to having no equity in the property.
Procedural posture
Husband and wife debtors filed for relief under chapter 7. The bankruptcy court granted appellant creditor's motion for relief from the automatic stay with respect to the debtors'real property. Appellant wife (debtor) filed a pro se appeal of that decision; the husband did not join the appeal.
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- 11 U.S.C.
Jamrose v. DAmato (In re DAmato)
Sep
21
2005
Ruling
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
Procedural posture
Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.
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Court
:
District of Missouri ( ) [ Bankruptcy Court ]