- 11 U.S.C.
Hawkes, In re--Spring Creek Cap., LLC v. Hawkes
Apr
12
2022
Ruling
Court declined to deny debtor a discharge for a false oath as the record was inadequate toshow that any of the alleged false oaths made by the debtor were material and fraudulent.(Bankr. D. Idaho)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.
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Court
:
Hunt, In re--Lin v. Hunt
Mar
16
2022
Ruling
Debtors were entitled to a portion of their reasonable attorney's fees as creditors could notsatisfy their statutory burden to show all of their claims against debtors were substantiallyjustified. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's
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Court
:
Stokes, In re
Apr
21
2021
Ruling
Stay relief was warranted for movants to proceed in state court as debtor's conduct in accessingthe bankruptcy process for inappropriate reasons was unreasonable and inequitable. (Bankr. D.Mont.)
Issue(s)
Automatic Stay; Relief from Stay.
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:
Treasure Valley Marine, Inc., LLC, In re
Jan
05
2021
Ruling
Court deemed that if it were to remand the case, it was inclined to enter an order approvingthe parties' stipulation and partially vacating its previous decision to avoid substantial costs tothe parties. (Bankr. D. Idaho)
Issue(s)
Inactive Rulings; Relief Pending Appeal; Motion Raises Issue.
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Court
:
- 11 U.S.C.
Treasure Valley Marine, Inc., LLC, In re
Oct
14
2020
Ruling
Creditors were entitled to the actual and necessary, reasonable expenses incurred in filing theinvoluntary petition and for related criminal prosecution to the extent adequately explained.(Bankr. D. Idaho)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Compensation for
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Court
:
Loewenstein, In re--Loewenstein v. United States Dep't of Educ.
May
01
2020
Ruling
Adversary proceeding dismissed as defendant as an agency of the United States governmentcould not be sued absent either a waiver of sovereign immunity or its consent. (Bankr. D. Idaho)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
- 11 U.S.C.
Hawkes, n re
Mar
10
2020
Ruling
Creditor's complaint seeking an exception of its debt from discharge was dismissed as theallegations of fraud were not pled with sufficient particularity. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
Windy Butte Reclamation Facility, LLC, In re
May
16
2018
Ruling
Court concluded that the § 330(a)(7) commission approach to trustee compensation was notapplicable as prepetition unsecured creditors will enjoy no meaningful financial benefit fromher services. (Bankr. D. Mont.)
Issue(s)
Compensation of Officers; Determination of Amount; Trustee Compensation Treated as Commission.
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Court
:
- 11 U.S.C.
Anderson, In re--Rainsdon v. Anderson
Apr
30
2018
Ruling
Court revoked debtors' discharge for refusing to obey turnover order. (Bankr. D. Idaho)
Issue(s)
Discharge; Grounds for Revocation; Refusal to Obey Court Order.
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Court
:
- 11 U.S.C.
Power, In re--Rainsdon v. Am. First Federal Credit Union
Apr
18
2018
Ruling
Trustee could avoid transfer of security interest where court determined that the exchange was not in fact substantially contemporaneous. (Bankr. D. Idaho)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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Court
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