- 11 U.S.C.
Cruz v. Strauss (In re Cruz)
Aug
29
2014
Ruling
Property purchaser's motion for retroactive relief from stay properly granted.
Issue(s)
Did the bankruptcy court abuse its discretion when it granted the retroactive relief from stay?
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Court
:
Judge or Jurisdiction information not available
Meikle v. Olsen (In re Olsen)
Aug
28
2014
Ruling
Debt was dischargeable where creditor failed to establish fraud or willful and malicious injury.
Issue(s)
Were creditor's claims based on alleged fraud and willful and malicious injury nondischargeable?
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Court
:
- 11 U.S.C.
In re Blixseth
Jul
10
2014
Ruling
Creditor was not entitled to claim against debtor's estate when its security interest in debtor's property had been avoided.
Issue(s)
Did trustee's avoidance of garnishment deprive creditor LLC of a secured claim?
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Court
:
- 11 U.S.C.
In re Bodeker
Jun
11
2014
Ruling
Debtor allowed to rescind waiver of state homestead exemption in light of Law v. Siegel elimination of equitable surcharge.
Issue(s)
Did the U.S. Supreme Court's elimination of the bankruptcy court's entitlement to an equitable surcharge allow debtor to rescind earlier waiver of a state homestead exemption?
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Court
:
- 11 U.S.C.
In re Perl
May
30
2014
Ruling
Purchaser of debtor's property at foreclosure sale violated the automatic stay by allowing sheriff to change the locks and evict debtor.
Issue(s)
Did the bankruptcy court properly hold that the postpetition lockout and eviction by a sheriff of the debtor from his residence, made at the request of foreclosure purchaser of the property, and not halted after notice of petition, violated the automatic stay?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hardin & Co.
Mar
14
2014
Ruling
Objection to properly filed proof of claim overruled as a de facto appeal of state court summary judgment ruling that was protected by the Rooker-Feldman doctrine.
Issue(s)
Should debtor's objection to claim based on state court judgment debtor claimed was erroneous be sustained?
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Court
:
- FRBP
In re Spanish Peaks Holdings II LLC
Mar
10
2014
Ruling
Trustee's settlement of preference claims against debtor's affiliates that released their own claims approved.
Issue(s)
Could trustee's settlement of preference claims with debtor's affiliates in exchange for the affiliates releasing their own claims against the estate be approved?
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Court
:
- 11 U.S.C.
Jolie v. United States Dept of Educ. (In re Jolie)
Mar
10
2014
Ruling
Student loan debt was dischargeable where debtor without health insurance and with mentally disabled adult son could not maintain minimal standard of living.
Issue(s)
Was debtor with serious health issues, no insurance and responsibility for unemployed son with mental health issues, entitled to an undue hardship discharge of her student loan debt?
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Court
:
- 11 U.S.C.
Brosio v. Deutsche Bank Natl Trust Co. (In re Brosio)
Mar
07
2014
Ruling
Debtor was not entitled to recover attorneys' fees under state law after creditor amended its proof of claim to remove its own claim for fees.
Issue(s)
Was debtor properly denied attorneys' fees incurred objecting to a creditor's proof of claim on the grounds that the debtor was not the prevailing party given that the creditor voluntarily amended its claim to remove amount representing attorneys' fees?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
DeNoce v. Neff (In re Neff)
Feb
04
2014
Ruling
One-year look back provision is not subject to equitable tolling.
Issue(s)
Did the bankruptcy court err in ruling that the one-year "lookback" period in § 727(a)(2)(A) is a statute of repose, rather than a statute of limitations, and not subject to equitable tolling?
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Court
:
Judge or Jurisdiction information not available