Jan
23
2007
In re Ulmer
The matter came before the court on a Rule to Show Cause requiring two attorneys and their law firm to appear and show cause why the court should not enter sanctions against them for their practices before the court.
Ruling:
Firm sacntioned for failure to oversee activities of attorneys who filed questionable documents and routinely failed to appear in court.
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Jan
03
2007
In re Livingston
A debtor filed a motion, pursuant to 11 U.S.C. § 1307(b), to voluntarily dismiss his chapter 13 bankruptcy case. A creditor filed a motion to convert the case to chapter 7. A bank filed a motion to dismiss the case.
Ruling:
Voluntary dismissal granted as failure to file feasible plan was not cause for conversion.
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Dec
01
2006
Jones v. Jones (In re Jones)
Ex-spouse filed a complaint to determine that debtor's obligations under their divorce decree were nondischargeable, pursuant to 11 U.S.C. § 523(a)(15). The debtor sought to set off, against the ex-spouse's nondischargeable claim, an alleged claim against his ex-spouse.
Ruling:
Debtor's alienation of affection claim against former spouse was property of the estate and could not be set off against nondischargeable divorce decree obligations.
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Nov
13
2006
In re Tri-State Ethanol Co. LLC
Before the court in debtor's chapter 7 matter was creditor bank's 11 U.S.C. § 506(b) Motion for Allowance of Prepayment Charge. The trustee and another financial company objected to the motion. By its motion, the bank sought payment of a prepayment charge referenced in various lending-related documents.
Ruling:
Bank allowed prepayment charge provided for in loan agreement with debtor.
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Nov
07
2006
In re Johnson
The United States trustee filed a motion for examination of the chapter 7 debtor's transaction with an attorney, pursuant to 11 U.S.C. § 329(b).
Ruling:
Fees ordered disgorged where attorney who was not admitted to the federal bar prepared bankruptcy papers for another attorney's signature.
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Oct
27
2006
Singleton v. Countrywide Home Loan Inc. (In re Singleton)
In a chapter 13 case, appellant debtor sued appellees, a creditor and its transferees, contending that the foreclosure and transfer of certain real property violated the automatic stay of 11 U.S.C. § 362(a). A bankruptcy court granted summary judgment in favor of appellees and denied the debtor's motion for reconsideration. The debtor sought review.
Ruling:
Foreclosure conducted after dismissal and prior to reopening of chapter 13 case did not violate stay.
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Jul
21
2006
American Investors Life Ins. Co. v. Salinas (In re Salinas)
Defendants, the personal representatives of estates of various deceased persons (estates), asked the court to abstain from exercising jurisdiction over a two-count complaint filed by plaintiff insurance company, which request was made pursuant to 28 U.S.C. § 1334(c)(1) or (2). The company later withdrew its first cause of action. At issue was whether abstention was proper.
Ruling:
Bankruptcy court abstained from proceeding to determine if debtor was acting as agent of insurance company when recommending improper investments.
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