- 11 U.S.C.
In re Cady
Jul
30
2007
Ruling
Plan could treat attorney's claim as impaired pending resolution of debtor's legal malpractice action.
Procedural posture
The debtors filed for relief under chapter 11. The creditor objected to confirmation of the proposed chapter 11 plan, finding that the plan's proposed treatment of the creditor's secured claim was not fair and equitable.
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Court
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Rainsdon v. Long (In re Long)
May
21
2007
Ruling
Car titled in name of debtor's mother to whom debtor made payments was not estate property absent further proof of ownership.
Procedural posture
Plaintiff trustee in bankruptcy filed an adversary proceeding against defendants, a debtor and the debtor's mother, claiming that the debtor possessed a vehicle that was property of the bankruptcy estate. The debtor and her mother denied the claim.
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Court
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- 11 U.S.C.
In re Ruckdaschel
Mar
20
2007
Ruling
Case dismissed as filed 187 days after debtors received credit counseling due to delay in obtaining signature of incarcerated debtor due to prison rules.
Procedural posture
The United States Trustee filed a motion to dismiss debtors'chapter 13 case, alleging that debtors were not eligible for bankruptcy relief because they had not completed credit counseling within the 180 days preceding the filing of their petition as required by 11 U.S.C. § 109(h)(1).
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Court
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- 11 U.S.C.
Tracy v. Tracy (In re Tracy)
Feb
02
2007
Ruling
Debt resulting from post-divorce landlord tenant arrangement between former spouses was dischargeable.
Procedural posture
After plaintiffs, a debtor's former husband and his new spouse, won a state court judgment against defendant debtor, plaintiff husband's ex-wife, on account of debtor's conduct in having taken items from their former marital home, where she was a tenant, plaintiffs sought a ruling excepting that debt from discharge per 11 U.S.C. § 523(a)(15).
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Court
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United States Trustee v. Snodgrass (In re Snodgrass)
Jan
23
2007
Ruling
Discharge denied to prisoner debtor who made false oaths and concealed assets from trustee and creditors.
Procedural posture
Debtor was an inmate at a state prison. He filed a pro se chapter 7 petition. In his statement of financial affairs, debtor represented that his social security benefit was paid directly to his two minor children. He did not disclose any additional sources of income. The U.S. Trustee filed an adversary proceeding contending debtor was not entitled to a discharge under 11 U.S.C. § 727(a)(2)(A) and (B) and (a)(4)(A).
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Court
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In re Taylor Quality Concrete Inc.
Jan
02
2007
Ruling
Lack of familiarity with requirements for employment as counsel did not justify retroactive approval of late application.
Procedural posture
Chapter 11 debtor requested that its employment of counsel be approved nunc pro tunc to the date the bankruptcy petition was filed.
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Court
:
- 11 U.S.C.
In re Mason
Dec
14
2006
Ruling
Trustee who hired outside counsel for more complicated tasks entitled to fees for administrative activity only.
Procedural posture
A chapter 7 trustee filed his proposed final account and a request for compensation with the court, and at the court's request, he filed an affidavit in support of the fee request. There were no objections made by any interested party or by the U.S. Trustee.
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Court
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Hopkins v. Lojek (In re Scheu)
Nov
29
2006
Ruling
Payment sent via overnight mail the day before filing was an avoidable post-petition transfer absent proof of delivery prior to filing.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor, asserting that the creditor received an avoidable post-bankruptcy transfer of bankruptcy estate property under 11 U.S.C. § 549(a). In a third-party complaint, the creditor sought to recover a judgment against third party defendants, the debtor and a purchaser.
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Court
:
- 11 U.S.C.
Mason v. Educational Credit Mgmt. Corp.
Nov
09
2006
Ruling
On remand, undue hardship discharge of student loan debt denied due to debtor's failure to make good faith effort to repay.
Procedural posture
Plaintiff debtor had filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court had concluded that the debtor qualified for a partial discharge as to some of that student loan debt. The creditor appealed, and the Ninth Circuit remanded the matter for further proceedings.
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Court
:
- 11 U.S.C.
Mason v. Educational Credit Mgmt. Corp. (In re Mason)
Nov
09
2006
Ruling
Discharge of student loan debt vacated on remand due to debtor's failure to make good faith efforts to repay.
Procedural posture
Plaintiff debtor had filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court had concluded that the debtor qualified for a partial discharge as to some of that student loan debt. The creditor appealed, and the Ninth Circuit remanded the matter for further proceedings.
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Court
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