In re Fulton
Mar
20
2006
Ruling
Debtor who after filing became financially able to pay creditors was denied a motion to dismiss the debtor's case since there was still risks that creditors would not get paid.
Procedural posture
A bankruptcy debtor asserted that she filed her bankruptcy petition while in mental and emotional turmoil and without adequate information, and that her financial circumstances changed to allow payment to creditors. The debtor moved to dismiss her bankruptcy case under 11 U.S.C. § 707(a) or 305(a)(1), and the trustee objected to dismissal.
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Court
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In re Vaske
Mar
20
2006
Ruling
Court denied the creditor's motion for relief from the court's order to reopen a case since the property at issue was exempt under state law and the creditor had not made any prior effort to recover the property.
Procedural posture
The debtors obtained an order reopening their case under chapter 7. The debtors filed a motion to avoid nonpurchase money, nonpossessory liens held by the creditors, for machinery and equipment that the debtors claimed were used in their farming operation. One of the creditors objected to the reopening of the proceeding.
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Court
:
- 11 U.S.C.
In re Crowder
Mar
17
2006
Ruling
Attorney was ordered to return half of the fees the debtor paid to the attorney since the fees exceeded the reasonable value of the rendered services.
Procedural posture
In a chapter 13 matter, the court, on its own motion, scheduled a hearing to examine the professional compensation of debtors'former attorney. The matter was pending decision.
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Court
:
- 11 U.S.C.
In re Lybrand
Mar
17
2006
Ruling
Objection to plan confirmation was sustained, and the IRS was permitted to set off the debtor's refund against any tax liability, whether dischargeable or nondischargeable in nature.
Procedural posture
The IRS filed a motion to lift the automatic stay to set off a tax refund. The debtors did not object to the motion to lift the automatic stay. The issue was whether the IRS could allocate a prepetition tax refund to offset the prepetition tax liability of its choice.
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Court
:
- 11 U.S.C.
In re Beasley
Mar
16
2006
Ruling
Court ruled that Code section 362(c)(4)(B) for imposing an automatic stay in a subsequent filing applied both to debtors with only one other case within the prior year and those with more than one case.
Procedural posture
The debtor previously filed bankruptcy under chapter 13 on April 25, 2005. That case was dismissed on December 14, 2005. The debtor then filed for bankruptcy again under chapter 13 on January 4, 2006. Before the court was the debtor's motion to impose the automatic stay.
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Court
:
- 11 U.S.C.
Chapman v. Fuget (In re Fuget)
Mar
14
2006
Ruling
Court excepted from discharge an amount representing the money and property the debtors acquired from the creditor based on false representations.
Procedural posture
Plaintiff creditor asserted that defendants, debtors, fraudulently acquired over $50,000 in cash, two automobiles, and her home from her. The creditor asked that the debt be determined to be $128,000 and that this amount be excepted from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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Court
:
- 11 U.S.C.
In re Martinez
Mar
13
2006
Ruling
Debtor was denied a motion for additional time to file a certificate of completion of a financial management course.
Procedural posture
Debtor filed a motion seeking additional time to file a certificate of completion of a financial management course as required by 11 U.S.C. § 727(a)(11).
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Court
:
- 11 U.S.C.
Swartz v. Swartz (In re Swartz)
Mar
13
2006
Ruling
Court denied the debtor's request to discharge an obligation for maintenance that had been entered pursuant to a divorce decree.
Procedural posture
Plaintiff debtor filed an action against defendant former spouse to obtain a determination that a payment order entered in a divorce decree, that was payable to the spouse, was dischargeable. The spouse filed a counterclaim against the debtor to obtain a determination under 11 U.S.C. § 523(a)(15) that the debts assumed by the debtor under the divorce decree were nondischargeable.
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Court
:
In re Ginter
Mar
13
2006
Ruling
Debtor was denied a motion to avoid a creditor's nonpossessory, nonpurchase money security interest since the debtor had stipulated that the creditor had a security interest and since the motion was barred by res judicata.
Procedural posture
Movant debtor sought to avoid a nonpossessory, nonpurchase money security interest that the debtor had with the nonmovant creditor. The creditor argued that the debtor was precluded from avoiding the security interest because the debtor had previously stipulated to relief from the stay and was not estopped from avoiding the security interest at issue.
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Court
:
- 11 U.S.C.
In re Wallace
Mar
10
2006
Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture
Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.
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Court
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