United States v. Ahmed (In re Ahmed)
Nov
13
2006
Ruling
Disputed tax debt was non-contingent liquidated debt that caused debtor to exceed chapter 13 eligibility limit.
Procedural posture
In a consolidated bankruptcy appeal, appellant, the United States of America, challenged a bankruptcy court's confirmation of the first amended chapter 13 plan filed by appellee debtor.
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Court
:
- 11 U.S.C.
Hoxie v. Educational Credit Mgmt. Corp.
Nov
13
2006
Ruling
Student loan debt was not discharged and could be collected where debtor never commenced dischargeability proceeding.
Procedural posture
Appellant debtor, acting pro se, sought review of the bankruptcy court's decision dismissing his "civil contempt" complaint against appellee creditors arising out of appellees'collection efforts on appellant's student loans.
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Court
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Moldo v. Albers (In re Sheridan)
Nov
09
2006
Ruling
Abandonment of debtor's interest in company was revoked upon reopening of case.
Procedural posture
Defendant filed a motion to dismiss claims brought by chapter 7 trustee, which sought declaratory relief, sought to enjoin defendant from taking any actions on behalf of a company of which debtor was the president, alleged a violation of the discharge injunction pursuant to 11 U.S.C. § 524(a)(2), sought an order that defendant turn over debtor's shares in the company, and sought sanctions against defendant.
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Court
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In re Evinger
Nov
06
2006
Ruling
Trustee's motion for turnover of originally unscheduled assets granted due to debtor's delay in making correction.
Procedural posture
Chapter 7 trustee filed a motion for turnover of unscheduled assets pursuant to 11 U.S.C. § 542(a) and objected to the claimed exemptions in the unscheduled assets.
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Court
:
- 11 U.S.C.
Aespace Am. Inc. v. Ping-Yau Ko (In re Ping-Yau Ko)
Oct
30
2006
Ruling
Res judicata barred creditor from seeking nondischargeability of debt on grounds of fraud when debtor's were exonerated of the allegations in state court.
Procedural posture
Creditor and chapter 7 debtors filed cross-motions for summary judgment in creditor's action, which sought, pursuant to 11 U.S.C. § 523(a)(2)(A), a judgment of nondischargeability of a final state court judgment awarding damages against debtors.
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Court
:
- 11 U.S.C.
In re Pora
Oct
17
2006
Ruling
Plan confirmation denied due to discrimination between student loan creditor and other unsecured creditors.
Procedural posture
A bankruptcy debtor proposed a plan which provided a minimal dividend to unsecured creditors but treated student loan debt as long-term debt under 11 U.S.C. § 1322(b)(5), which received a substantially greater dividend. The trustee objected to confirmation of the plan on the ground that it discriminated between unsecured creditors in violation of section 1322(b)(1).
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Court
:
- 11 U.S.C.
In re Legacy Estate Group LLC
Oct
09
2006
Ruling
Conversion to chapter 7 denied where confirmation of plan was likely and would result in possible full dividend to creditors.
Procedural posture
A creditor filed a motion, pursuant to 11 U.S.C. § 1112(b)(1), to convert a debtor's chapter 11 bankruptcy case to chapter 7, which motion was opposed by all the other constituencies.
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Court
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In re Lopez
Oct
04
2006
Ruling
BAPCPA did not prevent appointment of debtor as disbursing agent under plan.
Procedural posture
Trustee objected to the confirmation of the debtor's chapter 13 plan on the ground that the plan could not, after amendments under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") and under pre-BAPCPA authority, appoint the debtor as disbursing agent under the plan for current payments due under the debtor's home mortgage. The court held a hearing on the matter.
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Court
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Tranche 1 (SVP-AMC) Inc. v. Relito Tan (In re Relito Tan)
Oct
03
2006
Ruling
Denial of discharge granted on remand after evidentiary hearing established debtor's fraud.
Procedural posture
Plaintiff bank brought an adversary proceeding against defendant chapter 7 debtor, seeking denial of the debtor's bankruptcy discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4)(A). The Ninth Circuit reversed the grant of summary judgment to the bank, concluding that an evidentiary hearing was required with respect to the debtor's intent. On remand, the bankruptcy court held a hearing.
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Court
:
In re Patino
Sep
29
2006
Ruling
Post-discharge motion for relief from stay to repossess debtor's vehicle granted as to trustee's interest but denied as moot as to debtor's interest.
Procedural posture
A creditor filed a motion for relief from the automatic stay so that it could repossess a debtor's vehicle.
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Court
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