- 11 U.S.C.
Bakken v. Alaska Commn on Postsecondary Educ. (In re Bakken)
Jan
23
2015
Ruling
Debtor with sufficient disposable income denied discharge of student loan debt.
Issue(s)
Was debtor pilot entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
In re Urbanec
Oct
24
2014
Ruling
Case dismissed due to debtor's failure to obtain required credit counseling within 180 days of petition date.
Issue(s)
Should debtors be granted an extension of time to obtain required credit counseling or should their case be dismissed for failure to receive counseling with 180 days prior to petition date?
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Court
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Kaler v. Slominski (In re Keeley & Grababski Land Pship)
Oct
07
2013
Ruling
Tenant whose lease with debtor was avoided could recover cost of improvements made in good faith.
Issue(s)
Could good-faith transferee recover cost of improvements made while a tenant on debtor's farmland prior to avoidance of lease by the bankruptcy court.
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Court
:
Doeling v. Berger (In re Berger)
Jul
29
2013
Ruling
Discharge denied due to false oaths on schedules and statement of financial affairs.
Issue(s)
Whether a bankruptcy trustee met his burden of proving that a chapter 7 debtor was not eligible under 11 U.S.C.S. § 727(a)(4) and (a)(2)(A) to have his debts discharged because he made false oaths or accounts and transferred property with the intent to hinder, delay, or defraud creditors.
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Court
:
- 11 U.S.C.
In re Grabanski
Apr
19
2013
Ruling
Debtor's attorney awarded additional compensation for tasks that benefitted the estate.
Procedural posture
Debtors declared chapter 11 bankruptcy and obtained permission under 11 U.S.C.S. § 327 to hire an attorney to represent them. The debtors' attorney filed three applications seeking payment of interim compensation, and after the court granted the first application but denied the second and third applications, the attorney filed a final application seeking $43,845 in attorney's fees and expenses. The court held a hearing on the application.
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Court
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In re Grabanski
Apr
19
2013
Ruling
Debtor's attorney held in contempt due to nondisclosures as to compensation and reimbursement.
Procedural posture
Former partners with chapter 11 debtors in at least two entities relevant to the bankruptcy, filed a motion for an order to show cause and for contempt directed at the debtors' attorney.
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Court
:
Maler v. Hentz (In re Hentz)
Mar
25
2013
Ruling
Discharge denied due to concealment of assets and false oaths.
Procedural posture
Trustee filed an adversary complaint seeking a judgment denying a discharge to defendant debtor as permitted by 11 U.S.C.S. § 727(a)(2), (3) and (4) on the grounds that he had concealed assets and information, transferred assets to his wife's business and made false oaths.
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Court
:
Doeling v. Vassen (In re Vassen)
Feb
08
2013
Ruling
Discharge denied due to multiple omissions and failure to cooperate with trustee, attorney or court orders.
Procedural posture
Chapter 7 trustee filed an adversary proceeding seeking a denial of debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A), (a)(4)(D) and (a)(6)(A). The debtor did not file an answer or response to the trustee's complaint.
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Court
:
- FRBP
In re Charles
Feb
05
2013
Ruling
Debtor's amended, increased homestead exemption denied for bad faith.
Procedural posture
A chapter 7 trustee objected to a debtor's claim of amended exemption under N.D.C.C. § 28-22-03 on the grounds that his amendment claiming an increased homestead exemption was made in bad faith.
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Court
:
- FRBP
In re Wenstrom
Jan
28
2013
Ruling
Objection to homestead exemption overruled where trustee failed to show that debtor abandoned interest in homestead equity.
Procedural posture
A chapter 7 bankruptcy trustee filed an objection to the homestead exemption claimed by the debtor on the ground that the debtor did not have a recognizable homestead interest in the property at the time she petitioned the court for bankruptcy relief.
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Court
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