Rodriguez v. Arizona (In re Rodriguez)
Jan
18
2008
Ruling
In rem forfeiture was subject to stay and no exceptions were applicable.
Procedural posture
In May 1995, plaintiff debtors petitioned for relief under chapter 13 of the United States Bankruptcy Code. After that case was dismissed, the debtors filed their current petition in July 2003. In an adversary proceeding against defendant, the State of Arizona, the debtors claimed that execution of a forfeiture order on the debtors' property violated the automatic stay. The parties filed for cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Hall
Oct
02
2007
Ruling
Capital gains tax on postpetition sale of farm by chapter 12 estate was not a priority administrative expense and could not be treated as unsecured.
Procedural posture
After filing their petition, the debtors sold farm land which generated a capital gains tax. In their amended chapter 12 plan, the debtors proposed to include that tax liability as an unsecured claim, relying on 11 U.S.C. § 1222(a)(2)(a). The IRS filed an objection to the plan.
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Court
:
- 11 U.S.C.
Drummond v. Urban (In re Urban)
Aug
29
2007
Ruling
Debtor who recently moved could also claim exemptions of prior domicile state and was not required to make federal exemptions.
Procedural posture
Appellant, the chapter 13 trustee, challenged a final order of the Bankruptcy Court for the District of Montana, that rejected the trustee's challenge to the constitutionality of 11 U.S.C. § 522(b)(3) on uniformity grounds, and overruling the trustee's objection to the debtor's claimed exemptions based on California law, where the case was filed in Montana.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Moustafi
Jun
04
2007
Ruling
Bankruptcy court refused to approve reaffirmation agreement that was not in best interests of debtor.
Procedural posture
After debtor, who had filed a chapter 7 proceeding, timely filed a statement of intention and entered into a reaffirmation agreement with a creditor that held a security interest in her car, court approval was sought. At issue was whether the reaffirmation agreement was properly approved, whether debtor could retain the car even if the court denied approval of the agreement, and the effect of 11 U.S.C. §§ 362(h) and 521(d) thereon.
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Court
:
- 11 U.S.C.
In re Cunningham
May
11
2007
Ruling
Lease deemed rejected despite postpetition amendment where debtor failed to file for assumption prior to deadline.
Procedural posture
The debtors filed for relief under chapter 13 and listed a lease that they had with the landlord for the operation of a coffee shop. Postpetition, the debtors and the landlord agreed to a second amendment of the lease. When the debtors failed to pay the rent as agreed, the landlord filed a motion to declare rejection of the lease and to order surrender to the landlord.
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Court
:
- 11 U.S.C.
Reif v. Kaster (In re Reif)
Feb
12
2007
Ruling
Criminal restitution judgement payable to victim was nondischargeable.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding complaint against defendants, the State of Arizona and a crime victim, seeking a determination of whether a criminal restitution judgment was a nondischargeable debt under 11 U.S.C. § 523(a)(7). The victim filed her own adversary proceeding complaint against the debtor addressing the same issue. The parties filed cross- motions for summary judgment in the consolidated proceedings.
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Court
:
- 11 U.S.C.
In re Campbell
Jan
25
2007
Ruling
Trustee's sale conducted on petition date could not be avoided where debtor could not prove petition was filed before completion of sale.
Procedural posture
Chapter 13 debtor claimed that creditor violated state law in enforcing a deed of trust.
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Court
:
- 11 U.S.C.
In re Renteria
Jan
24
2007
Ruling
Bankrutpcy court lacked jurisdiction to reconsider sale order where debtors had no protectable interest in property and sale had taken place.
Procedural posture
The bankruptcy court previously entered an order approving the sale of debtors' property (sale order). The debtors appealed and sought a stay of the sale order, but the Bankruptcy Appellate Panel for the Ninth Circuit denied the debtors'request for a stay of the sale order and the property was sold. The issue was whether the court had jurisdiction to issue any further orders regarding claims to the sale proceeds from the property.
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Court
:
- 11 U.S.C.
MCA Fin. Group Ltd. v. Hewlett-Packard (In re Fourthstage Techs. Inc.)
Nov
15
2006
Ruling
Insider status sufficient to give rise to avoidance could not be based solely on creditor's superior bargaining position.
Procedural posture
Trustee for the debtor's liquidating trust, sued creditor to recover payments made by the debtor pursuant to a settlement agreement. The trustee sought to set aside the payments as avoidable preferences under 11 U.S.C. § 547, alleging that the creditor was an insider of the debtor and the transfers were made within one year from the debtor's filing for bankruptcy. The creditor moved for summary judgment.
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Court
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