- FRBP
Orton v. Hoffman (In re Kayne)
Jul
01
2011
Ruling
Debtor's counsel properly sanctioned for lack of due diligence in preparing schedules and representing debtor who misrepresented value of lawsuit.
Procedural posture
Appellant, chapter 7 debtor's counsel, challenged an order of the United States Bankruptcy Court for the Northern District of California that imposed monetary sanctions of $20,000 on him pursuant to Fed. R. Bankr. P. 9011(b) and 11 U.S.C.S. § 707(b)(4)(D), N.D. Cal. Civ. R. 11-6, upon motion of appellee, the chapter 7 trustee.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Western States Glass Corp. v. Barris (In re Bay Area Glass Inc.)
Jun
28
2011
Ruling
Judgment lien in excess of threshold amount properly held avoidable in its entirety.
Procedural posture
Appellant creditor obtained a judgment lien against a bankruptcy debtor's property which was admittedly avoidable as a preferential transfer, but the creditor asserted that only a portion of the lien amount was avoidable under 11 U.S.C.S. § 547(c)(9). The creditor appealed the order of the U.S. Bankruptcy Court for the Northern District of California which sustained appellee bankruptcy trustee's objection to the creditor's secured claim.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Warren
Jun
13
2011
Ruling
Case dismissed after denial of confirmation due to unreasonable delay by debtor.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A trustee who was appointed to administer the debtors' plan filed objections to the plan and asked the court to dismiss the debtors' case.
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Court
:
In re Hassler
May
17
2011
Ruling
Debtor could not avoid lien against property in which debtor did not have an interest prior to attachment of lien.
Procedural posture
A Chapter 7 debtor filed motion pursuant to 11 U.S.C.S. § 522(f) to avoid a judgment lien claimed by a creditor against property in which the debtor claimed a homestead exemption under Idaho's homestead exemption statutes. The creditor objected.
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Court
:
- 11 U.S.C.
In re Varney
Apr
25
2011
Ruling
Social Security Disability Insurance award was exempt despite debtor's initial nondisclosure on advice of counsel.
Procedural posture
Debtor declared chapter 7 bankruptcy, and the trustee who was appointed to administer the bankruptcy estate sought an order requiring the debtor to surrender a vehicle she possessed. The debtor amended her schedules to list a Social Security Disability Insurance ("SSDI") award she received shortly after she declared bankruptcy and to claim that the award was exempt from creditors' claims. The trustee filed an objection to the debtor's claim.
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Court
:
- 11 U.S.C.
In re Bosworth
Mar
14
2011
Ruling
Trustee's objection to exemption in ATV sustained.
Procedural posture
When chapter 7 debtors claimed an all-terrain vehicle (ATV) as exempt under Idaho Code Ann. § 11-605(3), the trustee objected to the exemption claim.
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Court
:
- 11 U.S.C.
Beach v. Bank of Am. (In re Beach)
Feb
25
2011
Ruling
Truth in Lending Act claims relating to creditor's attempted foreclosure were property of the estate and could be asserted by trustee.
Procedural posture
Debtors sued creditor alleging that the creditor violated the Idaho Consumer Protection Act (ICPA), Idaho Code Ann. § 48-601 et seq., and the Truth in Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., by attempting to foreclose against the debtors' residence. The action was removed to the bankruptcy court, plaintiff bankruptcy trustee was added as a party, and the creditor moved to dismiss the complaint.
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Court
:
In re Ellis
Jan
07
2011
Ruling
Debtor ordered to turn over residence that was property of the estate for sale by trustee.
Procedural posture
The chapter 7 trustee, having avoided a lender's deed of trust granted by the debtors on their residence as an unauthorized postpetition transfer, pursuant to 11 U.S.C.S. § 549(a), elected to sell the residence through the bankruptcy case, and filed a motion to require debtors to turn over possession of the house to him while he attempted to liquidate it. The debtors objected, claiming a homestead exemption.
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Court
:
- 11 U.S.C.
In re 1601 W. Sunnyside 106 LLC
Dec
30
2010
Ruling
Debtor LLC awarded fees and costs for creditors' postpetition foreclosure in violation of stay.
Procedural posture
Debtor limited liability company ("LLC") filed a petition under chapter 11, and it asked the court by motion to find that a bank and the bank's servicing agent violated 11 U.S.C.S. § 362 when they foreclosed on property the LLC owned several months after the LLC declared bankruptcy, and to award the LLC damages, attorneys' fees, and costs for that violation. Only the servicing agent responded to the LLC's motion.
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Court
:
In re Ricks
Oct
27
2010
Ruling
Creditor could assert claim bifurcated into secured and unsecured portions without prior deficiency judgment.
Procedural posture
After a debtor converted his case to a chapter 7 case, a creditor amended a previously filed proof of claim, bifurcating it into secured and unsecured components. The debtor objected to the amended proof of claim.
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Court
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