- 11 U.S.C.
Schoppe v. Schoppe (In re Schoppe)
Aug
02
2006
Ruling
Debtor's share of marital debt pursuant to divorce decree was excepted from discharge as detriment to former spouse outweighed benefit of discharge to debtor.
Procedural posture
Plaintiff former husband sought a determination that debts owed by defendant debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
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Logan County Copperative v. Gaites (In re Gaites)
Jul
27
2006
Ruling
Bank was denied partial summary judgment in equitable subordination action since factual disputes existed.
Procedural posture
Defendant bank filed a motion for partial summary judgment on plaintiff co- op's adversary complaint for equitable subordination under 11 U.S.C. § 510(c).
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Miller v. NLVK LLC (In re Miller)
Jul
21
2006
Ruling
Judgment was reversed and remanded to determine whether present fair equivalent value was paid for property when prior liens are considered.
Procedural posture
The District Court for the District of Nebraska granted plaintiff chapter 11 debtor's request to set aside a property transfer. Defendant purchaser appealed.
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American Investors Life Ins. Co. v. Salinas (In re Salinas)
Jul
21
2006
Ruling
Bankruptcy court abstained from proceeding to determine if debtor was acting as agent of insurance company when recommending improper investments.
Procedural posture
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.
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Court
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- 11 U.S.C.
In re Sanchez
Jul
13
2006
Ruling
Court sustained trustee's motion to deny confirmation since 401(k) disbursements should have been included in calculating monthly income.
Procedural posture
Movant trustee filed a motion to deny confirmation of respondent debtors'chapter 13 plans.
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Court
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- 11 U.S.C.
Morse v. Iowa Student Loan Liquidity Corp. (In re Morse)
Jul
10
2006
Ruling
Student loan obligations were discharged due to undue hardship related to debtor's history of mental illness.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8).
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Court
:
- 11 U.S.C.
Lee v. Regions Bank & Student Loan Guar. Found. (In re Lee)
Jul
06
2006
Ruling
Debtor's student loans were deemed dischargeable due to undue hardship since debtor's reasonable expenses greatly exceeded her income.
Procedural posture
Before the court was a complaint to determine the dischargeability of a student loan debt that plaintiff debtor owed to defendant creditor.
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- 11 U.S.C.
In re James
Jun
30
2006
Ruling
Filing constituted abuse of chapter 7 since under totality of circumstances debtor did not file in good faith.
Procedural posture
The trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
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- 11 U.S.C.
In re Miglia
Jun
29
2006
Ruling
Court allowed attorney's claim as unsecured since section 362(a)(4) barred attorney from perfecting by possession postpetition.
Procedural posture
An attorney who represented the debtors in a prepetition lawsuit filed a secured claim against the estate. The chapter 7 trustee objected to the claim asserting that the estate could not pay attorney's fees and that the attorney failed to perfect his lien.
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Court
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- 11 U.S.C.
In re Sherrets
Jun
27
2006
Ruling
Court denied counsel's application for additional compensation.
Procedural posture
Debtors'counsel applied pursuant to 11 U.S.C. § 330 for an additional $1,663 in compensation for additional legal services provided in a chapter 13 case. The trustee objected that the amount requested was excessive.
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Court
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