Smith v. Green Tree Servicing LLC (In re Smith)
Mar
02
2015
Ruling
Second lien on debtor's property could be stripped off where creditor failed to respond to debtor's motion for summary judgment.
Issue(s)
Whether chapter 13 debtors were entitled to summary judgment on their complaint to avoid a junior lien on real property that was their principal residence.
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Court
:
- 11 U.S.C.
Kros v. Household Fin. Corp. (In re Kros)
Feb
23
2015
Ruling
Debtors could strip off wholly unsecured junior lien.
Issue(s)
Could chapter 13 debtors strip off wholly unsecured second lien?
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Court
:
- 11 U.S.C.
Wells v. Household Fin. Corp. III (In re Wells)
Feb
20
2015
Ruling
Debtor could strip off junior lien where property was valued at less than amount of first lien.
Issue(s)
Could debtor avoid second lien on property which was valued at less than the full amount of the first lien?
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Court
:
- 11 U.S.C.
In re Hasley
Dec
15
2014
Ruling
Debtor's objections to lender's claims overruled.
Issue(s)
Should debtor's objections to bank's proofs of claims be sustained or overruled?
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Court
:
Sears v. Sears (In re Afy Inc.)
Dec
11
2014
Ruling
Bankruptcy court abstained from hearing state law claims by shareholders of debtor corporation against family members who sold shares.
Issue(s)
Should the bankruptcy court abstain from hearing state law claims brought by current shareholders of debtor corporation against former shareholders of the corporation concerning the terms of the sale of the former shareholders' stock to the current shareholders, all members of the same extended family?
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Court
:
- 11 U.S.C.
GE Capital Commer. Inc. v. Sylva Corp. (In re Sylva Corp.)
Nov
26
2014
Ruling
Bankruptcy court erred in not conducting proper analysis of whether equipment lease was a true lease or security agreement in denying lessor an administrative expense claim.
Issue(s)
Whether the bankruptcy court erred in analyzing creditor's motion for determination of administrative expense using only the legal standards and evidentiary burdens under 11 U.S.C. § 503(b)(1)(A) instead of those under 11 U.S.C. § 365(d)(5)?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Wahrman v. Citibank (In re Wahrman)
Oct
22
2014
Ruling
Wholly unsecured second lien on debtor's residence could be stripped off.
Issue(s)
Whether a wholly unsecured junior lien may be stripped off and avoided upon a debtor's discharge?
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Court
:
Anderson v. Morland (In re Anderson)
Oct
16
2014
Ruling
Case removed to bankruptcy court remanded as concerning solely state law issues.
Issue(s)
Should removed state law contract case be remanded to state court?
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Court
:
- 11 U.S.C.
Gargula v. Skinner (In re Skinner)
Oct
09
2014
Ruling
Discharge revoked as procured by fraud.
Issue(s)
Should debtor's discharge be revoked due to failure to disclose a prior chapter 7 discharge in another district within eight years, use of different Social Security numbers on the petitions in an effort to conceal the prior case, failure to disclose income received from two business ventures and debts owed for sanctions, fines, and disgorged fees?
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Court
:
- 11 U.S.C.
Potmesil v. Great Western Bank (In re Potmesil)
Oct
02
2014
Ruling
Wholly unsecured second lien on debtor's residence could be stripped off upon successful completion of plan.
Issue(s)
Could a wholly unsecured junior lien be stripped off and avoided upon debtor's discharge?
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Court
: