- 11 U.S.C.
In re Cluff
Mar
15
2012
Ruling
Trustee's motion to modify debtor's confirmed plan denied absent evidence of increase in net income.
Procedural posture
Movant chapter 13 trustee filed a motion to modify debtor's confirmed chapter 13 bankruptcy plan because the debtor's marital status, income, and expenses had changed. The debtor opposed the trustee's motion.
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Court
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- 11 U.S.C.
In re Romaine
Mar
08
2012
Ruling
Discharge revoked due to failure to disclose postpetition sale of irrigation company.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727 which revoked the debtor's discharge. The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Aguirre
Feb
27
2012
Ruling
Claim for payment for former spouse's interest in 401(k) account pursuant to divorce decree was not a domestic support obligation and not a priority claim.
Procedural posture
A chapter 13 trustee objected to the allowance of a purported 11 U.S.C.S. § 507(a)(1)(A) priority claim for a domestic support obligation (DSO) asserted by a chapter 7 trustee in the bankruptcy case of the debtor's former spouse.
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Court
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Spanish Palms Mktg. LLC v. Kingston (In re Kingston)
Feb
27
2012
Ruling
Debtor's counterclaims in nondischargeability proceeding concerning allowance of creditor's claims were core proceedings.
Procedural posture
Creditors filed a complaint against chapter 11 debtor seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2)(B) and (a)(6). The debtor asserted five counterclaims. The court requested that the parties brief the issues of whether the claims and counterclaims were core or noncore proceedings under 28 U.S.C.S. § 157 and whether the court had the statutory and constitutional power to enter a final judgment.
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Court
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In re De Bruyn Kops
Feb
09
2012
Ruling
Debtor who had partial custody of children could claim them as part of household for means test purposes.
Procedural posture
A creditor of chapter 7 debtor, the debtor's former spouse, filed a motion to dismiss the debtor's case, asserting a presumption of abuse existed under 11 U.S.C.S. § 707(b).
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Court
:
Nash v. Clark County Dist. Attys Office (In re Neal)
Feb
07
2012
Ruling
Bankruptcy court properly denied post-discharge sanctions against creditor and district attorney for actions taken prepetition or in criminal proceedings related to gambling debts.
Procedural posture
Debtor sought review of a judgment of the United States Bankruptcy Court for the Western District of Washington, which denied his claim for sanctions, pursuant to 11 U.S.C.S. § 105(a), against appellees, a creditor for gambling debt and a district attorney's (DA) office, for alleged violations of the 11 U.S.C.S. § 524(a) discharge injunction. Debtor had been charged criminally and arrested, and the gambling debt had been discharged.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Benafel v. One West Bank (In re Benafel)
Dec
09
2011
Ruling
Date for determining if a property is primary residence for cramdown purposes is loan transaction date not petition date.
Procedural posture
Chapter 13 debtor challenged a decision of the U.S. Bankruptcy Court for the District of Oregon, which denied confirmation of her original plan and confirmed her amended plan.
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Court
:
Judge or Jurisdiction information not available
Gugino v. Jones (In re Antonie)
Nov
28
2011
Ruling
Debtor mother's transfer of mobile home that was property of debtor's estate avoided.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant transferee, seeking a determination that he was allowed under 11 U.S.C.S. § 549(a) to avoid the transfer of title to a mobile home which a chapter 7 debtor's mother made while the debtor was in bankruptcy, or an order under 11 U.S.C.S. § 542(a) which required the transferee to deliver title to the mobile home to the trustee. The case was tried to the court.
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Court
:
In re Werry
Aug
26
2011
Ruling
Debtor could not employ counsel whose fee may have been paid by or loaned to debtor by creditor.
Procedural posture
The United States Trustee (UST) objected to the chapter 11 debtors' application seeking to employ counsel under 11 U.S.C.S. § 327(a).
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Court
:
- 11 U.S.C.
Masuo v. Galan (In re Galan)
Jul
27
2011
Ruling
Default judgment in case for wrongful death of child at day care center was dischargeable absent evidence of malice or intent to injure.
Procedural posture
Judgment creditors filed an adversary proceeding against chapter 7 debtors, seeking a determination that a wrongful death judgment they obtained against the debtors in state court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
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Court
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