- 11 U.S.C.
Balcom, In re
Nov
05
2021
Ruling
Social Security benefits paid to debtors' grandson were properly excluded from debtor'scurrent monthly income as none of the benefits that the debtors' daughter received on behalfof her child were paid directly to the debtors. (Bankr. D. Idaho)
Issue(s)
Definitions; “Current Monthly Income”.
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- 11 U.S.C.
Tracy, In re
Sep
09
2021
Ruling
Claimant could not raise res judicata to preclude an objection as there could be no preclusiveeffect where the claim was not actually litigated. (Bankr. D. Idaho)
Issue(s)
Allowance of Claims or Interests.
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:
- 11 U.S.C.
Evans, In re--Evans v. Evans
Sep
02
2021
Ruling
Claim was not nondischargeable where creditor failed to show that it actually relied upondebtor's representations. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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- 11 U.S.C.
Best View Constr. & Dev., LLC, In re
Aug
24
2021
Ruling
Judicial estoppel did not bar a debtor from rejecting real estate contracts as executory becausedebtor neither changed its positions nor obtained an unfair advantage. (Bankr. D. Idaho)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
- 28 U.S.C.
Gutierrez, In re--Gutierrez v. Or. Dep't of Corr.
Jul
09
2021
Ruling
Debtor's motion for waiver of the appellate filing fee was granted in absence of bad faith.(Bankr. D. Idaho)
Issue(s)
Bankruptcy Fees.
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:
- 11 U.S.C.
Detiege, In re--Rosauer v. Detiege
Jun
24
2021
Ruling
Conversion judgment was grounds for constructive trust, but the resulting debt was notnondischargeable absent showing that debtors knew their representations were false at thetime they were made. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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:
- 11 U.S.C.
Nelson Ricks Cheese Co., In re
Apr
30
2021
Ruling
Sanctions were awarded against husband due to forging wife's signature and transferring100% of the shares in the debtor company, which was a willful and intentional act on his part.(Bankr. D. Idaho)
Issue(s)
Power of Court.
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Court
:
- 11 U.S.C.
Casper, In re
Apr
07
2021
Ruling
Trustee was entitled to recover 11.5% of debtor's relocation bonus as under the bonusagreement, both pre- and post-petition services were required and 11.5% of the servicesrequired to retain the bonus occurred prepetition. (Bankr. D. Idaho)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition
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:
- 11 U.S.C.
Cofer, In re
Jan
08
2021
Ruling
Debtor's home that was still in debtor’s possession remained estate property after conversionfrom Chapter 13 to Chapter 7. (Bankr. D. Idaho)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;
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- 11 U.S.C.
Ford, In re--Rainsdon v. Gearheart
Jan
06
2021
Ruling
Chapter 7 trustee could not avoid a transfer of a home from the debtor to her ex-husband asthe debtor demonstrated a legitimate purpose for the transfer. (Bankr. D. Idaho)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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