- FRBP
In re Nguyen
Apr
02
2010
Ruling
Attorney fined and referred to disciplinary body for "horrific" omissions in schedules that were never signed by debtors.
Procedural posture
After denying the chapter 7 debtors a discharge, the court ordered their attorney to appear and show cause why his fees should not be returned, why he should not pay a monetary fine, why he should not be suspended from practice until he completed remedial education requirements, and why he should not be permanently enjoined from allowing the terrible office practices he employed to continue.
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Court
:
- 11 U.S.C.
Chase Bank v. Kavanaugh (In re Kavanaugh)
Mar
31
2010
Ruling
Debtor not entitled to attorneys' fees for voluntarily dismissed nondischargeability proceeding brought under section 523(a)(14).
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant, one of the chapter 7 debtors in this case, alleging nondischargeability of a debt under 11 U.S.C.S. § 523(a)(14A). The creditor later dismissed the complaint pursuant to Fed. R. Civ. P. 41(a)(1)(A), made applicable by Fed. R. Bankr. P. 7041. Debtor then filed a motion to recover her attorneys' fees.
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Court
:
- 11 U.S.C.
In re Straightline Invs. Inc.
Sep
08
2009
Ruling
Attorney for chapter 11 estate allowed fees less unaccounted for retainer.
Procedural posture
Before the court were applications for compensation by the attorney for the bankruptcy estate ("Attorney A") while debtor was debtor in possession pursuant to 11 U.S.C.S. § 1107. Also pending were the application of the chapter 7 trustee and her counsel.
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Court
:
- 11 U.S.C.
Razmek v. Pollace (In re Pollace)
Feb
19
2009
Ruling
Debtor's real estate agents' false representation to home buyers that deck did not violate setbacks resulted in nondischargeable debt.
Procedural posture
Creditors filed an adversary proceeding seeking a nondischargeable judgment against debtors for fraud, pursuant to 11 U.S.C.S. § 523(a)(2).
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Court
:
- 11 U.S.C.
In re Harter
Aug
19
2008
Ruling
Trips to Europe and "luxurious" automobile did not give rise to "extravagant lifestyle" that would require bad faith dismissal.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3) alleging bad faith and that the totality of the circumstances demonstrated abuse. The UST contended that the debtor showed an abusive spending pattern before the filing. Her "totality of the circumstances" argument was based primarily on her belief that the debtor could afford to pay his debts.
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Court
:
In re Roby
Jun
09
2008
Ruling
Late proof of claim allowed over debtor's objection in absence of prejudice.
Procedural posture
A debtor in a chapter 11 bankruptcy case filed an amended objection to a creditor's claim to the proceeds of the sale of the debtor's property.
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Court
:
- 11 U.S.C.
In re Comstock
Apr
30
2008
Ruling
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
Procedural posture
The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
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Court
:
- 11 U.S.C.
In re Sandifer
Apr
14
2008
Ruling
Filing by above median debtors living frugally in order to continue funding retirement accounts was not abusive.
Procedural posture
The U.S. Trustee asked the court to dismiss the chapter 7 case filed by debtors, a married couple, on the ground that debtors, by continuing to fund retirement accounts, had shown that their chapter 7 filing was abusive within the meaning of 11 U.S.C.S. 707(b)(3)(B).
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Court
:
Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)
Apr
11
2008
Ruling
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
Procedural posture
Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.
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Court
:
In re Rodrigues
Feb
11
2008
Ruling
Inclusion of mortgage payments on property intended for surrender in means test calculation is not grounds for abuse dismissal.
Procedural posture
Movant, the U.S. Trustee, sought dismissal of a chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) as presumptively abusive under § 707(b)(2) and as an abuse under the totality of circumstances per § 707(b)(3). At issue was whether, under the test for presumptive abuse, debtors' mortgage obligations on the date of filing were to be included in the "means test calculation" even though debtors intended to surrender the home to the lienholders.
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Court
: