- 11 U.S.C.
In re Rodriguez
Mar
19
2013
Ruling
Deceased debtor's brother could not collect remaining estate funds absent showing of entitlement.
Procedural posture
A bankruptcy debtor died intestate, the debtor's case was then dismissed, and the bankruptcy trustee placed funds remaining in the debtor's estate with the clerk of court. The debtor's brother ex parte applied for payment of the unclaimed funds on the ground that he was the debtor's sole heir with the right to collect the debtor's funds.
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Court
:
- 11 U.S.C.
Rogan v. Branch Banking & Trust Co. (In re Asberry)
Mar
01
2013
Ruling
Mortgage that was properly indorsed under state law could be avoided.
Procedural posture
A chapter 7 trustee sought to avoid the mortgage of creditor on the debtors' interest in real property pursuant to 11 U.S.C.S. § 544. Cross motions for summary judgment were filed by the parties.
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Court
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In re Ross
Feb
20
2013
Ruling
Debtors could not vacate chapter 7 discharge to proceed under chapter 13 given failure to file motion to defer discharge.
Procedural posture
The debtors filed an ex parte motion to vacate their chapter 7 discharge so that they could proceed through chapter 13.
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Court
:
Landis v. Ramos (Ramos)
Feb
11
2013
Ruling
Serial filer's fourth case dismissed with 180-day filing bar.
Procedural posture
United States Trustee filed a complaint against chapter 13 debtor seeking to dismiss the chapter 13 case and to enjoin the debtor from filing another bankruptcy case for two years.
Issue(s)
Whether a chapter 13 bankruptcy case a debtor filed should be dismissed pursuant to 11 U.S.C.S. § 1307(c) because it was filed in bad faith, and whether the debtor should be enjoined from filing another bankruptcy case for two years.
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Court
:
- 11 U.S.C.
In re Moreno
Aug
15
2012
Ruling
Condominium association's default judgment including fees and costs violated discharge injunction.
Procedural posture
Chapter 7 debtor filed a motion to impose sanctions for violation of the discharge injunction under 11 U.S.C.S. § 524(a). The debtor contends that respondent property owners association violated the discharge injunction by obtaining a postpetition default judgment against the debtor in state court.
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Court
:
In re Parreira
Jan
05
2012
Ruling
Creditor's attorneys' fees allowed in full as reasonable under lodestar method.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code, and their largest creditor filed a claim against the debtors' bankruptcy estate which included a request for payment of attorney's fees in the amount of $53,384. The debtors filed an objection to the creditor's claim.
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Court
:
- 11 U.S.C.
Tyler v. Ownit Mortg. Loan Trust
Oct
28
2011
Ruling
Trustee could not avoid deed of trust that was valid under state law despite faulty acknowledgement.
Procedural posture
Appellant trustee filed an adversary proceeding in the United States Bankruptcy Court for the Eastern District of Virginia, seeking under 11 U.S.C.S. § 544(a) to avoid the conveyance of debtors' property to appellee following a foreclosure sale. The bankruptcy court held that the conveyance could not be avoided. The trustee appealed.
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Court
:
- 11 U.S.C.
In re Renteria
Aug
01
2011
Ruling
Unfair discrimination test was not applicable to consumer debt for attorneys' fees incurred in family law litigation.
Procedural posture
Chapter 13 trustee objected to confirmation of the Chapter 13 plan filed by the debtor. The trustee contended that the plan unfairly discriminated against unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(1).
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Court
:
Halpin v. Hardy (In re Hardy)
Mar
18
2011
Ruling
Debt based on proposed state court judgment that had not yet been entered was dischargeable.
Procedural posture
Creditors moved for summary judgment on the issue of whether a debt owed to them by defendant debtors by virtue of a "draft" state court judgment was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and /or § 523(a)(6). Debtors also moved for summary judgment.
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Court
:
- 28 U.S.C.
In re Hale
Sep
13
2010
Ruling
Acquisition of secured claims by debtor-in-possession financer did not amount to a disbursement that would trigger a quarterly fee.
Procedural posture
Before the court was a contested matter (the "Motion") filed by the U.S. Trustee (UST) to compel the payment of quarterly fees by the Chapter 11 debtor. It was brought in conjunction with debtor's motion to confirm a Chapter 11 plan.
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Court
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