- 11 U.S.C.
Barclay v. Armbruster (In re Armbruster)
Jan
27
2014
Ruling
Case pursued by debtor as successor in interest to decedent was property of the estate.
Issue(s)
Was personal injury action commenced by debtor's deceased mother property of debtor's estate?
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Court
:
Gladstone v. Bank of Am. (In re Vassau)
Sep
25
2013
Ruling
Payments made to bank within 90 days of petition date avoided.
Issue(s)
Were payments made to bank on account of senior debt within 90 days of petition date avoidable.
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Court
:
- 11 U.S.C.
Hunt v. Sanchez (In re Sanchez)
Feb
28
2012
Ruling
Debtor's failure to deposit escrow funds with agent or to return funds after transaction was not completed resulted in nondischargeable debt.
Procedural posture
Claimant, an erstwhile business partner of debtor, sought determinations that debtor was properly denied a discharge under 11 U.S.C.S. § 727(a) and that debts allegedly owed to plaintiff should be determined to be nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4).
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Court
:
In re West Coast Prop. Consultants
Nov
29
2011
Ruling
Motion for sale of property outside of ordinary course of debtor's business granted due to compelling circumstances.
Procedural posture
Before the court was debtor's ex parte motion for an order (1) to sell property not in the ordinary course, (2) free and clear of all liens, claims, and encumbrances, and (3) to approve sale as a "good faith" purchase. No objection was filed.
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Court
:
In re Victorio
Jul
08
2011
Ruling
Confirmation of "chapter 20" debtors' plan denied due to failure to pay off junior lien or other unsecured creditors in full.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and proposed a plan for repaying their creditors that proposed to strip off a junior lien which a mortgage company held on the debtors' home. A trustee who was appointed to administer the debtor's plan filed an objection to confirmation of the plan.
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Court
:
- 28 U.S.C.
In re Orozco
Nov
15
2010
Ruling
Bankruptcy court denied reconsideration of waiver of filing fee.
Procedural posture
In this chapter 7 case, the chapter 7 trustee filed a motion to reconsider the court's waiver of the chapter 7 filing fee for the debtor.
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Court
:
- 11 U.S.C.
In re Alvarez
May
11
2010
Ruling
Creditor ordered to turn over vehicle repossessed after stay terminated in debtor's second bankruptcy with respect to debtor only.
Procedural posture
A prior case of a bankruptcy debtor was dismissed and, after more than 30 days elapsed in the debtor's subsequent bankruptcy case, a creditor repossessed the debtor's vehicle based on the termination of the automatic bankruptcy stay under 11 U.S.C.S. § 362(c)(3)(A). The debtor moved for turnover of the vehicle, and the creditor moved for an order confirming termination of the stay.
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Court
:
- 11 U.S.C.
In re Burnett
Apr
02
2010
Ruling
Completion of chapter 13 plan to discharge was not a requirement for stripping junior lien.
Procedural posture
The chapter 13 trustee and the debtor's counsel disagreed over the terms to be included in the debtor's confirmation order. The debtor argued she was not required to complete the plan and obtain a discharge to be allowed to strip off a junior trust deed lien.
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Court
:
In re Grant
Jan
26
2010
Ruling
Debtor could not seek to strip lien as wholly unsecured while also claiming it as secured in deducting payments contractually due.
Procedural posture
A chapter 13 trustee objected to confirmation of a plan in which the debtor claimed a junior lien to be wholly unsecured for lien stripping purposes under 11 U.S.C.S. § 1322(b) while also claiming it as a secured debt for purposes of deducting payments contractually due under 11 U.S.C.S. § 707.
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Court
:
In re Tich Hua
Aug
24
2009
Ruling
United States Trustee's objection to confirmation of debtor's plan in converted case overruled where debtor acted in good faith.
Procedural posture
After the debtor converted his chapter 7 case to a chapter 13 case, both the chapter 13 Trustee and the United States Trustee (UST) objected to confirmation of the debtor's plan.
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Court
: