Ross v. Buckles (In re Skyline Manor Inc.)
Dec
18
2015
Ruling
Dismissal of adversary proceedings for improper venue denied as proceedings were properly brought in district where related bankruptcy was pending.
Issue(s)
Was venue of fraudulent transfer proceedings proper in the district where debtor's bankruptcy was pending?
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Court
:
Curtis v. Segraves (In re Segraves)
Nov
30
2015
Ruling
Bankruptcy court properly refused to dismiss case where credit counseling certificate clearly showed debtor had fulfilled the requirement.
Issue(s)
Did bankruptcy court err in denying creditor's motion to dismiss debtor's bankruptcy for bad faith?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bruess v. Dietz (In re Bruess)
Oct
29
2015
Ruling
Debtor's homestead exemption limited where the property was acquired within 1215 days prior to petition date.
Issue(s)
In the context of 11 U.S.C.S. § 522(p)(1)(A), whether debtor "acquired" the property in which she claimed her homestead exemption within the 1215-day period preceding the filing of the petition thus limiting her homestead exemption to $155,675.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kresl v. Ben. Neb. Inc. (In re Kresl)
Sep
24
2015
Ruling
Wholly unsecured second lien on debtors' residence could be stripped off.
Issue(s)
Could wholly unsecured junior lien be stripped off and avoided upon debtor's chapter 13 discharge?
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Court
:
- 11 U.S.C.
Osbourn v. Wells Fargo Fin. Bank (In re Osbourn)
Sep
21
2015
Ruling
Debtors could strip off junior lien where first lien debt exceeded value of their residence.
Issue(s)
Could debtors avoid a junior lien on their residence?
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Court
:
- 11 U.S.C.
Young v. Green Tree Servicing LLC (In re Young)
Aug
18
2015
Ruling
Debtors could strip off junior lien where first lien exceeded value of residence.
Issue(s)
Could debtor avoid junior lien on residence?
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Court
:
- 11 U.S.C.
In re Denton
Jul
23
2015
Ruling
Creditor could file nondischargeability proceeding for debt that was unscheduled and not discharged in prior bankruptcy.
Issue(s)
Could creditor with debt that was unscheduled in debtor's case in which discharge issued eight years earlier obtain a determination of nondischargeability?
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Court
:
- 11 U.S.C.
Gatewood v. CP Med. LLC (In re Gatewood)
Jul
10
2015
Ruling
Filing of an accurate proof of claim does not violate the Fair Debt Collection Practices Act.
Issue(s)
Whether the filing of a proof of claim on a stale debt is a debt collection action that is false, misleading, deceptive, unfair, or unconscionable under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Turman v. Pinnacle Bank (In re Turman)
Jun
12
2015
Ruling
Debtor could avoid wholly unsecured second lien on residence.
Issue(s)
Could a junior lien on debtor's primary residence be avoided?
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Court
:
Overcash v. Knisley (In re Big Drive Cattle L.L.C.)
Mar
30
2015
Ruling
Proceeds of sale of cattle were property of the estate.
Issue(s)
Were proceeds from sale of cattle property of the estate?
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Court
: