- 11 U.S.C.
Village Oaks Senior Care, In re
Oct
11
2024
Ruling
Creditor's objections to debtors' subchapter V eligibility were sustained as noncontingent liquidated debts of all debtors exceed the statutory cap in effect on the petition dates. (Bankr. E.D. Cal.)
Issue(s)
Definitions.
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Coakley, In re
Sep
30
2024
Ruling
Motion to dismiss nondischargeability proceeding denied since the heightened pleading requirements of Fed. R. Civ. P. 9(b) were satisfied. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.
Sep
30
2024
Ruling
Motion to compel arbitration denied as there was no arbitration agreement between defendant and the trustee and his right to recover payments was not derivative of the debtor's rights. (Bankr. D. Mont.)
Issue(s)
Preferences; Avoidable Transfers.
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XL Cos., Corp., In re
Sep
11
2024
Ruling
Court confirmed debtor's plan as all due, adequate, and sufficient notices of the plan and the confirmation hearing had been given to all known holders of claims and/or equity interests. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Terms.
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- 11 U.S.C.
Riegle, In re
Sep
11
2024
Ruling
Creditor was entitled to have its debt declared nondischargeable as it was based on a state court judgment where debtor was found liable for embezzling and punitive damages. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Farnham, In re
Sep
06
2024
Ruling
Creditors' request to vacate the bankruptcy court's order dismissing debtor's Chapter 13 case failed as debtor had an unambiguous right to voluntarily dismiss his case. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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- 11 U.S.C.
Tileh, In re--Idaho DOL v. Tileh
Sep
06
2024
Ruling
Overpayment of unemployment benefits was nondischargeable as the undisputed facts showed the state department of labor relied on debtor’s misrepresentations. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Henderson Int'l Land, In re
Sep
04
2024
Ruling
Lack of good faith in filing bankruptcy petitions for multiple entities warranted dismissal. (Bankr. D. Nev.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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- 11 U.S.C.
Sanders, In re
Sep
03
2024
Ruling
In rem relief from stay granted as evidence established that debtor attempted to use her bankruptcy case as a sword rather than a shield. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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- 11 U.S.C.
Baldwin, In re
Aug
29
2024
Ruling
Chapter 13 plan could not be confirmed where debtor proposed to pay monthly payments in an amount insufficient to make all the required payments under the plan. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan.
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