- 11 U.S.C.
Bank v. Pho (In re Pho)
Oct
15
2015
Ruling
Debt was dischargeable where creditor failed to prove that it relied on debtor's written misrepresentations.
Issue(s)
Was claim nondischargeable due to debtor's allegedly false representation that loan would be used for business purposes?
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Court
:
- 11 U.S.C.
In re Home Loan Serv. Corp.
Jul
01
2015
Ruling
Bankruptcy court declined to order disgorgement of fees earned by debtor's chapter 11 counsel prior to conversion to a possibly insolvent chapter 7 case.
Issue(s)
Was trustee in case converted to chapter 7 entitled to an order for disgorgement of interim attorney's fees paid to debtor's former chapter 11 counsel?
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Court
:
- 11 U.S.C.
Cardenas v. Luna Auto Sales (In re Cardenas)
Jun
26
2015
Ruling
Damages assessed for creditor's postpetition repossession and delay in returning debtor's truck.
Issue(s)
Was creditor's postpetition repossession of debtor's truck and subsequent delay in returning the vehicle, in violation of the automatic stay, grounds for sanction?
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Court
:
Nomellini v. United States of IRS (In re Nomellini)
Jun
25
2015
Ruling
Plan confirmation did not modify IRS lien rights, entitling IRS to a share of sale proceeds, despite payment of allowed claim in full through the plan.
Issue(s)
Was IRS bound to the amount of its secured claim as stated in and paid pursuant to confirmed chapter 13 plan or was it entitled to payment of the full amount of its claim from proceeds of sale of debtor's property by virtue of its lien?
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Court
:
In re Adlawan
Jun
25
2015
Ruling
Debtor could not reconvert one year-old case to chapter 13 where proposed plan would exceed 60-month requirement given the age of the case.
Issue(s)
Did proposed chapter 13 plan with a term of 60 months, in case reconverted to chapter 13 plan from chapter 7, exceed the 60 month requirement where the case was twelve months old?
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Court
:
- 11 U.S.C.
Bustamante & Gagliasso P.C. v. Wright (In re Wright)
Jun
24
2015
Ruling
Attorneys fees and costs associated with nondischargeable judgment were also nondischargeable.
Issue(s)
Whether attorneys for a creditor were entitled to judgment on the pleadings in connection with their adversary proceeding seeking a judgment of nondischargeability under 11 U.S.C.S. § 523(a)(6) with respect to attorney's fees awarded by a district court in connection with litigation between the creditor and debtor.
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Court
:
Gill v. Sharma (In re Sharma)
Jun
18
2015
Ruling
State court judgment provided basis for nondischargeability for willful and malicious injury but not fraud.
Issue(s)
Was debt based on state court judgment nondischargeable as resulting from willful or malicious injury or fraud?
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Court
:
- 28 U.S.C.
Nobel Grp. Inc. v. Bank (In re Nobel Grp. Inc.)
Apr
06
2015
Ruling
Bankruptcy court lacked jurisdiction over debtor's action against bank that did not affect confirmed and substantially consummated chapter 11 plan.
Issue(s)
Did the bankruptcy court have jurisdiction over a bank's contract and declaratory judgment claims?
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Court
:
- 11 U.S.C.
In re Romero
Mar
13
2015
Ruling
Bank sanctioned for failing to attend required hearing on reaffirmation agreement.
Issue(s)
Should a bank be sanctioned for failing to send a representative to a required hearing on its reaffirmation agreement with debtor?
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Court
:
- 11 U.S.C.
In re Coreas
Dec
16
2014
Ruling
Revaluation of property not warranted where debtor had obtained a valuation order to which creditor did not object.
Issue(s)
Should creditor's post-confirmation objection to valuation of debtor's property be sustained or overruled?
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Court
: