- 11 U.S.C.
Ng v. Farmer (In re Ng)
Sep
07
2012
Ruling
Case properly dismissed where debtor's income increased significantly.
Procedural posture
Appellant debtors challenged orders from the United States Bankruptcy Court for the District of Hawaii that dismissed their chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B) on the motion of appellee United States trustee, asserting that the bankruptcy court abused its discretion in dismissing their case based on a change in circumstance when debtor husband's monthly income increased significantly.
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Court
:
Judge or Jurisdiction information not available
In re Wages
Jul
24
2012
Ruling
Plan could not modify claim secured solely by mortgage on debtor's primary residence.
Procedural posture
Debtors declared chapter 11 bankruptcy and proposed a plan for repaying their creditors, and a bank that held a mortgage on real property the debtors owned and used as their residence filed an objection to confirmation of the debtors' plan, claiming that the plan could not be confirmed under 11 U.S.C.S. §§ 1129(a)(1) and 1123(b)(5) because it modified the bank's contractual rights. The court held a hearing on the plan and the bank's objection.
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Court
:
Schwartz-Tallard v. Americas Servicing Co. (In re Schwartz-Tallard)
Jun
28
2012
Ruling
Debtor entitled to attorneys' fees incurred defending appeal of stay violation order.
Procedural posture
Appellant debtor sought review of an order of the United States Bankruptcy Court for the District of Nevada that denied her motion for attorney fees and costs from defending a prior appeal of a stay violation order that was raised by appellee creditor. Debtor asserted damages should be awarded under either 11 U.S.C.S. § 362(k)(1), 11 U.S.C.S. § 105(a), Fed. R. Bankr. P. 9011.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bank of Idaho v. Powell (In re Powell)
Jun
22
2012
Ruling
Debt based on breach of contract with creditor was dischargeable.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a loan debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(6) based on the debtor's willful and malicious injury in breaching the debtor's contract with the creditor.
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Court
:
Old Cutters Inc. v. City of Hailey (In re Old Cutters Inc.)
Jun
18
2012
Ruling
Adversary proceedings against creditor city concerning annexation agreement were core proceedings.
Procedural posture
Plaintiffs, chapter 11 debtor and its creditor, commenced adversary proceedings against defendant city with respect to the city's proof of claim and its claimed lien on the debtor's property. The city questioned the court's subject matter jurisdiction and whether the court lacked the constitutional authority to enter a final judgment in the adversary proceedings.
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Court
:
- 11 U.S.C.
In re Coonrod
Jun
12
2012
Ruling
Law firm that represented debtor in discrimination action denied administrative expense claim for fees where trustee never obtained court permission for appointment.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a law firm that represented the female debtor in a discrimination action she filed against the Idaho Department of Corrections ("IDOC") filed a motion seeking payment of $6,666 in attorney's fees and $1,130 in costs for work it performed for the debtor, as an administrative expense. The chapter 7 trustee filed an objection to the firm's motion.
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Court
:
In re Alexander
Jun
12
2012
Ruling
LLC's judgment lien avoided to extent impairing debtor's homestead exemption but not as to non-debtor spouse's interest.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought an order from the court which allowed her to avoid a judicial lien an LLC filed against real property she owned as a tenant by the entirety with her non-debtor spouse.
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Court
:
- 11 U.S.C.
Meyer v. Lepe (In re Lepe)
May
09
2012
Ruling
Confirmation of plan which stripped lien while paying only percentage of unsecured claims was proper based on totality of circumstances.
Procedural posture
Chapter 13 Trustee challenged the order of the U.S. Bankruptcy Court for the Eastern District of California confirming appellee debtor's amended plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hollifield Ranches Inc.
Apr
26
2012
Ruling
Debtor's management's oversight was not sufficient grounds for granting approval of special counsel's employment nunc pro tunc.
Procedural posture
The chapter 11 debtor filed an Application to Employ Special Counsel Nunc Pro Tunc. The U.S. Trustee (UST) objected to the Application. A hearing was held at which time the court indicated it would grant the Application to employ special counsel. However, the court took under advisement the issue of whether the employment should be granted nunc pro tunc.
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Court
:
Dietz v. Ford (In re Dietz)
Apr
23
2012
Ruling
Debt properly held nondischargeable given ample evidence of willful and malicious injury.
Procedural posture
Debtor appealed from an adverse judgment of the U. S. Bankruptcy Court for the Eastern District of California, that awarded damages to creditors and declared their judgment debt as excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). Debtor argued that the bankruptcy court lacked subject matter jurisdiction to enter the judgment.
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Court
:
Judge or Jurisdiction information not available