Jun
26
2007
United States v. Hump (In re Hump)
Plaintiff, the United States, acting through the Department of Interior, Bureau of Indian Affairs ("BIA"), filed a motion for summary judgment on its claims against defendant chapter 12 debtors, which sought permission to record under 11 U.S.C. § 362(b)(3) its mortgage on certain land conveyed or to be conveyed to one of the debtors and the entry of a judgment granting the BIA an equitable lien on the property.
Ruling:
Bureau of Indian Affairs not entitled to equitable lien against chapter 12 debtors-in- possession as it would be voidable and not serve any legitimate purpose.
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May
07
2007
In re Squires
A chapter 13 trustee and the United States Department of Veterans Affairs objected to the confirmation of a debtor's chapter 13 plan, pursuant to 11 U.S.C. § 1325(a)(3).
Ruling:
Debt owed to Department of Veterans Affairs was nondischargeable due to debtor's misrepresentation of spouse's income in application for pension benefits.
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Apr
18
2007
In re Tri-State Ethanol Co. LLC
A company that acquired an ownership interest in chapter 7 debtor objected to a proof of claim filed by debtor's special counsel and to special counsel's fee application, and filed a motion to disqualify special counsel.
Ruling:
Prepetition claim against debtor was not grounds for diqualification of special counsel.
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Mar
23
2007
Lovald v. Claussen (In re Claussen)
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, a bankruptcy debtor and her former spouse, alleging that a redistribution of equity in the marital home of the debtor and the spouse in their divorce agreement was avoidable as subordinate to the trustee's hypothetical judicial lien under 11 U.S.C. § 544(a)(1). The bankruptcy court conducted a trial.
Ruling:
Unperfected redistribution of equity in marital home was avoidable by trustee.
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Feb
21
2007
In re Cink
In this chapter 7 bankruptcy case, the matters before the court were the trustee's motion for turnover and the debtors'motion to voluntarily dismiss the case.
Ruling:
Bankruptcy court exercised discretion to deny motion for voluntary dismissal of chapter 7 case.
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Feb
21
2007
Aguirre v. Fullerton Lumber Co. (In re Aguirre)
Plaintiffs, debtors, filed a complaint against defendant creditor seeking a determination that the creditor's mechanics' lien was avoidable. The creditor moved for summary judgment.
Ruling:
Debtor could not avoid post-petition, pre-conversion mechanics' lien against exempt homestead.
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Feb
21
2007
Spyke Inc. v. Zufall (In re Zufall)
Plaintiff judgment creditor brought an adversary claim against defendant debtors, seeking a finding that their claim was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to the terms of a consent judgment. Debtors moved for summary judgment on the issue.
Ruling:
Stipulation in settlement agreement that debt was nondischargeable was not binding as contrary to public policy.
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Jan
31
2007
In re Almen
Counsel for a debtor filed an application pursuant to Fed. R. Bankr. P. 2016(a) for compensation and reimbursement for both chapter 7 and chapter 13 services.
Ruling:
Debtor's counsel's pre-conversion fees for chapter 7 services are to be treated as general unsecured claims.
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Jan
26
2007
In re Rogers
Counsel for debtor and for claimant, a lessor of a truck being used by debtor, asked the court to enter an order approving a stipulation concerning debtor's assumption, under 11 U.S.C. § 365(p), of the lease agreement, which assumption was to be governed by an assumption agreement. The proposed stipulation also reflected debtor's agreement to waive the effect, if any, on the agreement of a discharge pursuant to 11 U.S.C. § 524(a).
Ruling:
Court approval of lease assumption pursuant to stipulation not required.
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Jan
23
2007
In re Rayborn
Chapter 13 trustee objected to debtor's proposed plan pursuant to 11 U.S.C. § 1325(b)(1).
Ruling:
Debtor who routinely received tax refunds was not required to adjust withholding for plan to meet disposable income requirement.
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