- 11 U.S.C.
In re Larison
Dec
20
2006
Ruling
Proof of claim filed more than 30 days after close of adversary proceeding from which it arose was to be treated as an untimely, unsecured claim.
Procedural posture
A chapter 7 trustee filed a motion seeking approval of a proposed final accounting and distribution of the assets from two joint debtors'bankruptcy estate. A creditor filed an objection, contending that it had timely filed its unsecured claim under 11 U.S.C. § 502(h) and was entitled to full payment of it.
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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.
In re Neilsen
Nov
22
2006
Ruling
Creditor with notice who failed to advise court of correct mailing address was not entitled to file late proof of claim based on failure of notice of distribution.
Procedural posture
Creditor filed a motion to allow a late filed proof of claim, seeking a ruling that the tardily filed claim could be treated as a timely filed claim and share in distributions pro rata with timely filed claims under 11 U.S.C. § 726(a)(2)(C).
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Court
:
- 11 U.S.C.
Murphy v. Vanschoiack (In re Vanschoiack)
Nov
09
2006
Ruling
Discharge denied where debtor knowingly and fraudulently failed to disclose ATV and receivables in schedules.
Procedural posture
After plaintiff chapter 7 trustee filed a pro se adversary proceeding generally alleging that a discharge should be denied to defendant debtors under 11 U.S.C. § 727, she filed an amended complaint, asserting causes of action under 11 U.S.C. § 727(a)(2) and (a)(4) and specifically identifying assets allegedly concealed and undisclosed.
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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
:
- FRBP
In re Melton
Oct
30
2006
Ruling
Application to employ professionals was effective as of date filed and did not relate back to petition date.
Procedural posture
A chapter 11 debtor filed applications to obtain nunc pro tunc court approval to employ an attorney and accountant to represent him in his bankruptcy case. The United States Trustee questioned the debtor's request to approve employment retroactive to the date the bankruptcy petition was filed.
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Court
:
- 11 U.S.C.
In re Korn
Oct
06
2006
Ruling
Real estate company was not entitled to an administrative expense for costs of post-divorce sale of debtor's property.
Procedural posture
A real estate company filed a motion under 11 U.S.C. § 503(b)(1)(A) for an administrative expense against a bankruptcy estate arising from the sale of the debtor's property following a divorce.
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Court
:
Eleasser v. Cougar Crest Lodge LLC (In re Weddle)
Oct
05
2006
Ruling
Transfers to limited liability company was not an insider of debtor were not avoidable.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a limited liability company ("LLC") exclusively managed by a bankruptcy debtor's parent, alleging that the LLC was an insider of the debtors and thus the LLC's recordation of judgments against co-debtors constituted transfers within the preference period of 11 U.S.C. § 547(b). The trustee and the LLC cross-moved for summary judgment.
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Court
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