- 11 U.S.C.
Elliott v. Weil (In re Elliott)
Jan
28
2016
Ruling
Bankruptcy court did not err in sustaining trustee's objection to homestead objection claimed by debtor in recovered property debtor had not included in schedules.
Issue(s)
Did the bankruptcy court err in denying a homestead exemption in property recovered by the trustee but not included in debtor's schedules?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Franklin High Yield Tax-Free Income Fund v. City of Stockton (In re City of Stockton)
Dec
11
2015
Ruling
Fund's appeal of confirmation of city's chapter 9 plan dismissed as equitably moot.
Issue(s)
Was creditor fund's appeal of confirmation of city's chapter 9 plan equitably moot?
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Court
:
Judge or Jurisdiction information not available
Fear v. United States Trustee (In re Ruiz)
Dec
11
2015
Ruling
Bankruptcy court erred in reducing trustee's requested compensation due to lack of "extraordinary circumstances."
Issue(s)
Whether a bankruptcy court abused its discretion in awarding compensation to a chapter 7 trustee in an amount less than requested in the application.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Jackson v. United States (In re Jackson)
Dec
04
2015
Ruling
Amended IRS claim was not untimely as it related back to initial timely claim.
Issue(s)
Whether the bankruptcy court erred when it determined that neither 11 U.S.C.S. § 502(b)(9) nor Fed. R. Bankr. P. 3002(c)(1) rendered the IRS's amended claim untimely.
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Court
:
Judge or Jurisdiction information not available
In re Sanger-Morales
Oct
21
2015
Ruling
Voluntary dismissal to allow debtor to file a new petition and obtain a more favorable discharge denied due to prejudice to tax creditors.
Issue(s)
Could debtor be granted a voluntary dismissal in order to file a second case and receive a discharge of all tax debts?
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Court
:
Bronitsky v. Bea (In re Bea)
May
29
2015
Ruling
Confirmation of plan proposing delayed start to payments to secured creditors, who did not object to treatment, over objection of trustee, affirmed.
Issue(s)
Did the bankruptcy court err in confirming debtor's chapter 13 plan over trustee's objection that the deferred payments to the secured creditors did not provide them with adequate protection during the first six months of the plan, even thought the creditors did not object?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Arnot v. Endresen (In re Endresen)
Apr
15
2015
Ruling
Settlement proceeds of action commenced and concluded postpetition was property of the estate where the cause of action arose prior to petition date.
Issue(s)
Were settlement proceeds property of the debtors' bankruptcy estate where the existence of the claims was not discovered until after the petition date, but the claims arose many years prior to the petition date?
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Court
:
- 11 U.S.C.
Heers v. Parsons (In re Heers)
Apr
15
2015
Ruling
Debt properly held nondischargeable due to debtor's fiduciary defalcation in administering decedent's estate.
Issue(s)
Whether the bankruptcy court erred in concluding that debtor's conduct at issue met the standard for defalcation while acting in a fiduciary capacity for purposes of 11 U.S.C.S. § 523(a)(4).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Taggart
Mar
17
2015
Ruling
Debtor awarded damages, fees, costs and punitive damages due to creditor's violation of the discharge injunction causing emotional and physical distress.
Issue(s)
Was debtor entitled to damages for creditor's violation of the discharge injunction that caused emotional distress and an outbreak of psoriasis?
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Court
:
- 11 U.S.C.
In re Mazzuca
Feb
17
2015
Ruling
Debtors could not avoid judicial lien in property in which they were not entitled to an exemption.
Issue(s)
Were debtors entitled to avoid judicial lien on rental properties?
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Court
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