- 11 U.S.C.
Sanders, In re
Sep
03
2024
Ruling
In rem relief from stay granted as evidence established that debtor attempted to use her bankruptcy case as a sword rather than a shield. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
Bennett, In re
Nov
30
2023
Ruling
Creditor was not entitled to a super-priority administrative expense claim as adequateprotection payments to the creditor had ceased more than two years before the car was taken.(Bankr. M.D. Ala.)
Issue(s)
Priorities; Secured Creditor's Claim for Inadequacy of Adequate Protection.
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Court
:
- 11 U.S.C.
Northington, In re--Gulfco of Alabama, LLC v. Northington
Sep
25
2023
Ruling
Debt was not excepted from discharge where debtor's endorsement of prior live checks by thelender and his repayment of the loans associated with those checks did not constitute a falserepresentation. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Mock, In re--GulfCo of Ala., LLC v. Mock
Dec
05
2022
Ruling
Creditor failed to prove debtor obtained live check funds through actual fraud as the evidencedid not suggest anything beyond an honest but unfortunate debtor who tried to use everyavailable option to pull herself out of financial despair. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- FRBP
Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid)
Mar
25
2016
Ruling
Bankruptcy court properly extended time to file unsecured claims in reinstated case where deadline expired during period when case was dismissed.
Issue(s)
Whether the bankruptcy court erred in enlarging time for a creditor to file an unsecured claim?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Battle Ground Plaza LLC v. Ray (In re Ray)
Oct
25
2010
Ruling
Bankruptcy court erred in exercising judgment over state law breach of contract claims that did not arise under the Bankruptcy Code and not related to bankruptcy.
Procedural posture
Appellant challenged the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (BAP), which affirmed the bankruptcy court's finding of jurisdiction under 28 U.S.C.S. § 1334 over appellant's breach of contract claims against appellees, the chapter 11 debtor, his non- bankruptcy partner, and the purchaser of certain property from the debtor and the partner.
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Court
:
Judge or Jurisdiction information not available
Rodriguez v. Drive Fin. Servs. LP (In re Trout)
Jun
23
2010
Ruling
Trustee not entitled to money judgment against creditors after successful avoidance of lien.
Procedural posture
In consolidated cases, plaintiff bankruptcy trustee appealed a Bankruptcy Appellate Panel for the Tenth Circuit (BAP) decision affirming a bankruptcy court's determination that, having successfully avoided a preferential vehicle lien under 11 U.S.C.S. § 547, the trustee could not have a money judgment against defendant creditors equal to the value of the avoided liens under 11 U.S.C.S. § 550(a).
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Court
:
Judge or Jurisdiction information not available
Egebjerg v. Anderson (In re Egebjerg)
May
29
2009
Ruling
401(k) loan was not a "debt" and payments could not be deducted in means test calculation.
Procedural posture
On a direct appeal, appellant debtor sought review a decision of the U.S. Bankruptcy Court for the Central District of California, which dismissed his chapter 7 petition for abuse under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C.S. § 707(b), by concluding that the debtor's inclusion of the funds for repayment of a 401(k) loan in his schedule of necessary expenses was abusive.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Educational Credit Mgmt. Corp. v. Coleman (In re Coleman)
Mar
25
2009
Ruling
Dischargeability of student loan debt was ripe for consideration prior to completion of chapter 13 plan.
Procedural posture
Pursuant to 28 U.S.C.S. § 1292(b), the U.S. District Court for the Northern District of California certified an interlocutory appeal from its order affirming a decision by a bankruptcy court that had denied appellant credit corporation's motion to dismiss appellee debtor's undue hardship motion under 11 U.S.C.S. § 523(a)(8).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lockerby v. Sierra
Aug
07
2008
Ruling
Intentional breach of contract claim cannot be nondischargeable unless accompanied by tortious conduct.
Procedural posture
Appellant debtor, an attorney, challenged a decision from the District Court for the District of Arizona, which affirmed a bankruptcy court's determination that appellee claimant's breach of contract claim against the debtor was non-dischargeable under 11 U.S.C.S. § 523(a)(6).
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Court
:
Judge or Jurisdiction information not available