- 11 U.S.C.
Harris v. Boyd G. Montgomery Testamentary Trust (In re Harris)
Feb
15
2006
Ruling
Order granting a lessor's motion to terminate the automatic stay was affirmed since the debtor had been provided with reasonable notice of the motion's hearing.
Procedural posture
Appellant chapter 13 debtor challenged the Bankruptcy Court for Eastern District of Arkansas's order granting appellee lessor's motion to terminate the automatic stay so that it could enforce its state law right to remove the debtor from a nonresidential building.
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- 11 U.S.C.
Prairie Constr. Co. v. Ring (In re Ring)
Feb
14
2006
Ruling
Debt for supplied flooring was nondischargeable since the supplier relied on representations made in a guarantee that was signed with implicit authority and that proved to be false.
Procedural posture
Plaintiff creditor filed an adversary proceeding objecting to discharge and to determine the dischargeability of a debt.
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Court
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- 11 U.S.C.
Albee v. U.S. Dept of Educ. (In re Albee)
Feb
13
2006
Ruling
Debtor was granted undue hardship discharge of student loan debt since the debtor's current level of income and earnings potential would not permit the debtor to make minimum payments.
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. § 523(a)(8).
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Court
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In re Petty
Feb
10
2006
Ruling
Trustee's objection to plan confirmation was overruled since the debtors'proposed charitable contribution did not exceed the cap of 15 percent of the debtors'gross income.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
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- 11 U.S.C.
In re Robinson
Feb
10
2006
Ruling
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
Procedural posture
Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.
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Court
:
- 11 U.S.C.
In re Petty
Feb
10
2006
Ruling
Trustee was denied a dismissal request since the trustee failed to show the debtors filed their plan in bad faith.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
:
- 11 U.S.C.
Bender v. Van Ru Credit Corp. (In re Bender)
Feb
09
2006
Ruling
Court ruled that it did not have the authority to restructure or reduce the debtor's student loan debt and that that debt was nondischargeable since the the debtor did not demonstrate undue hardship.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant U.S. Department of Education, seeking to discharge student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court held a trial.
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Court
:
- 11 U.S.C.
Hazelquist v. Guchi Moochie Tackle Co.
Feb
09
2006
Ruling
Patent infringement cause of action was not barred by a discharge injunction, and dismissal of the claim was reversed since the alleged further infringements occurred postdischarge.
Procedural posture
Plaintiff, a holder of patent rights, filed a complaint against defendants, a tackle company, and its owner, alleging infringement. The holder appealed from an order of the District Court for the Western District of Washington dismissing his claims against the owner, and its order denying his motion for reconsideration.
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- 11 U.S.C.
In re Anderson
Feb
06
2006
Ruling
Debtors'petition was dismissed since the husband debtor failed to provide a certificate of counseling or exigent circumstances and the wife's certificate of exigent circumstances failed to show an inability to obtain counseling services before circumstances worsened.
Procedural posture
Bankruptcy debtors, husband and wife, filed a joint chapter 7 bankruptcy petition, and the debtors moved under 11 U.S.C. § 109 for exemption from the requirement that they obtain a briefing from an approved nonprofit budget and credit counseling agency before filing bankruptcy.
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Court
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In re Kuecker Equip. Co.
Feb
06
2006
Ruling
Debtor's original state court action violated the automatic stay but the amended complaint did not since only the original complaint had included the corporation debtor directly in the action.
Procedural posture
A corporate bankruptcy debtor asserted that a former employee of the debtor violated the automatic bankruptcy stay by pursuing a state court action against the debtor's principals. The debtor moved to enforce the bankruptcy stay.
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Court
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