- 11 U.S.C.
McDowell v. Education Credit Mgmt. Corp. (In re McDowell)
May
03
2016
Ruling
Undue hardship discharge of student loan debt granted except for portion of debt that debtor might have repaid absent poor financial choices.
Issue(s)
Was debtor entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
Hopkins v. Wright (In re Labbee)
May
02
2016
Ruling
Sale of debtor's home free and clear of co-owner's interest approved.
Issue(s)
Could trustee sell property co-owned by debtor with non-debtor free and clear of the non-debtor's interest?
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Court
:
- FRBP
In re Porrett
Apr
25
2016
Ruling
Stay granted pending appeal of order allowing trustee to take possession of proceeds of settlement of debtor's claims against bank.
Issue(s)
Should debtors be granted a stay pending appeal of order that the trustee, on behalf of the bankruptcy estate, and not debtors, was entitled to funds paid by a bank in exchange for a release of all claims arising out of the lender's practices and dealings in connection with the pre-bankruptcy loan it made to debtors?
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Court
:
In re Porrett
Mar
10
2016
Ruling
Payment on claims debtor unknowingly held against lender on petition date was property of the estate.
Issue(s)
Whether a payment from a bank on a claim debtor unwittingly held on the petition date, now held by trustee, is property of the bankruptcy estate to be distributed to creditors, or instead, should be released to debtors?
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Court
:
- 11 U.S.C.
In re Hoku Solar Inc.
Feb
12
2016
Ruling
Creditor's late-filed, contingent, unliquidated claim allowed over debtor's objection.
Issue(s)
Should creditor's late-filed proof of claim be disallowed?
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Court
:
- 11 U.S.C.
In re Wood
Jan
04
2016
Ruling
Debtor's unilateral reduction in plan payments following marital separation was not grounds for dismissal but proposed modification was denied as not proposed in good faith.
Issue(s)
Should debtor's case be dismissed for reducing plan payments after judgment of dissolution of marriage or could debtor obtain a modification of the plan to officially reduce the payments?
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Court
:
In re Do You Love Me Inc.
Nov
20
2015
Ruling
Creditor could recover interest accrued on claim prior to petition date.
Issue(s)
Was creditor entitled to prepetition interest on claim against debtor?
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Court
:
- 11 U.S.C.
In re Hunt
Oct
27
2015
Ruling
Debtors ordered to turn over machinery, tools and equipment acquired with plumbing business which were property of the estate.
Issue(s)
Were assets acquired by debtors when they acquired a plumbing business property of the estate and subject to turnover?
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Court
:
- 11 U.S.C.
In re Hoffman
Sep
17
2015
Ruling
Plan confirmed over trustee's objection to treatment of claims.
Issue(s)
Could chapter 13 plan be confirmed over trustee's objection?
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Court
:
- 11 U.S.C.
In re Walker Land & Cattle LLC
Aug
13
2015
Ruling
Legal expenses of lawyers whose retention by court-approved professionals was not approved by the court could not be collected from debtor's estate.
Issue(s)
Could legal expenses of court appointed auctioneer who hired a lawyer not approved by the bankruptcy court be recovered from debtor's estate?
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Court
: