- 11 U.S.C.
Hasse v. Rainsdon (In re Pringle)
Jul
02
2013
Ruling
Debtor's transfer of house to girlfriend within two years of petition date properly found to be fraudulent.
Issue(s)
Whether the U.S. Bankruptcy Court for the District of Idaho erred when it found that a debtor made a fraudulent transfer when he conveyed title to a house he owned to his girlfriend less than two years before he declared chapter 7 bankruptcy.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kelly v. Cuomo (In re Cuomo)
Jun
20
2013
Ruling
Attorney ordered to disgorge portion of fee for not investigating information in debtor's prior petitions.
Procedural posture
In connection with an adversary proceeding, the court issued an order to show cause why debtor's attorney should not be sanctioned for failing to list a known debt on the debtor's bankruptcy schedules and for failing to represent the debtor in the adversary proceeding. The attorney moved to withdraw from representing the debtor.
Issue(s)
Whether a bankruptcy attorney violated the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or the Nevada Rules of Professional Conduct when he failed to review earlier chapter 7 bankruptcy petitions a debtor filed to determine whether information in those petitions was consistent with information in the debtor's credit reports and information that appeared in a new chapter 7 bankruptcy petition and bankruptcy schedules the debtor filed.
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:
- 11 U.S.C.
In re Henderson
May
22
2013
Ruling
Reaffirmation agreements disapproved as not in best interests of debtor.
Procedural posture
Before the court for approval consideration in these five cases were debtors' reaffirmation agreements.
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:
- 11 U.S.C.
Dignity Health v. Seare (In re Seare)
Apr
09
2013
Ruling
Debtor's attorney sanctioned for refusing to represent debtor in nondischargeability proceeding.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment debt to the creditor for attorney fees was nondischargeable based on the debtor's fraud in prosecuting an employment discrimination action against the creditor. The debtor's attorney was ordered to show cause why sanctions should not be imposed against him for refusing to represent the debtor in the proceeding.
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Van Zandt v. Mbunda (In re Mbunda)
Dec
14
2012
Ruling
Bankruptcy court properly held debt to probate estate was dischargeable where executor's testimony regarding alleged misrepresentations were hearsay.
Procedural posture
The executor for a decedent's estate challenged a decision of the United States Bankruptcy Court for the Northern District of California, which found in favor of debtor in the executory's action seeking a declaration that a debt the debtor owed to the probate estate was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (4), and (6).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Heritage Pac. Fin. LLC v. Machuca (In re Machuca)
Dec
14
2012
Ruling
Award of debtor's attorneys' fees for obtaining summary judgment in nondischargeability proceeding affirmed.
Procedural posture
Creditor sought review of a decision from the United States Bankruptcy Court for the Northern District of California, which awarded attorneys' fees to appellee debtor under 11 U.S.C.S. § 523(d) after granting summary judgment in favor of the debtor on the creditor's action seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava)
Jul
25
2012
Ruling
Bankruptcy court erred in limiting trustee's fees based on value of services.
Procedural posture
Appellant chapter 7 Trustee sought $1,315 in fees for his service as a trustee. He based his request on the trustee compensation rates set forth in 11 U.S.C.S. § 326(a). The U.S. Bankruptcy Court for the District of Idaho, however, found that the reasonable value of his services only amounted to $750 and limited his fees to that amount. He appealed. Appellees were all unsecured creditors who filed proofs of claim in debtor's bankruptcy case.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Meyer v. Renteria (In re Renteria)
May
04
2012
Ruling
Plan containing provision preferring co-debtor consumer claim over other unsecured claims properly confirmed over objections.
Procedural posture
Chapter 13 trustee challenged an order of the U.S. Bankruptcy Court for the Eastern District of California confirming debtor's chapter 13 plan over objections that it did not comply with 11 U.S.C.S. § 1322(b)(1) as it afforded preferential treatment to a claim on which debtor's mother was a codebtor. At issue was the effect of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98-353, 98 Stat. 333 (1984).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
State Empl. Dev. Dept v. Hansen (In re Hansen)
Apr
18
2012
Ruling
State unemployment insurance tax was not a "tax required to be collected" and was dischargeable.
Procedural posture
Appellant, California Employment Development Department, challenged the U.S. Bankruptcy Court for the Eastern District of California's judgment that certain unpaid unemployment insurance taxes were not the kind of taxes specified in 11 U.S.C.S. § 507(a)(8)(C). It thus held that the unpaid unemployment insurance taxes in this case did not give rise to a nondischargeable debt within the meaning of 11 U.S.C.S. § 523(a)(1)(A). Appellees were debtors.
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Court
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Judge or Jurisdiction information not available
- FRBP
In Spickelmier
Apr
09
2012
Ruling
Debtor's counsel sanctioned for filing second amended motion to vacate dismissal due to prior failure to appear and unpreparedness.
Procedural posture
In a chapter 13 bankruptcy case, the court issued an order to the debtors' counsel to show cause why counsel should not be sanctioned pursuant to Fed. R. Bankr. P. 9011 for filing a second amended motion to vacate the court's order dismissing the debtors' case after the court had already denied counsel's earlier motion to vacate the court's order.
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