- 11 U.S.C.
In re Southern Mont. Elec. Gen. & Transmission Coop. Inc.
Oct
01
2013
Ruling
Final approval granted to trustee's disclosure statement.
Issue(s)
Did trustee's disclosure statement for its third amended plan satisfy previous objections.
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Court
:
In re Olsen
Aug
13
2013
Ruling
Relief from stay granted to allow creditor to proceed against debtor's company.
Issue(s)
Whether a creditor who sued a debtor and a company the debtor owned in a Montana court, alleging fraud, was entitled to a judgment declaring that the debtor's company, which the debtor valued at $0 in his bankruptcy schedules, was not protected by the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when the debtor declared chapter 13 bankruptcy.
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Court
:
- FRBP
In re Moss
Aug
13
2013
Ruling
Creditors' motion to remove void judgment denied as an adversary proceeding was required.
Issue(s)
Whether judgment lien was filed in violation of stay and could be removed.
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Court
:
- 11 U.S.C.
In re Wiard
Aug
09
2013
Ruling
Filing of criminal complaint by creditors was not a stay violation and not grounds for sanctions.
Issue(s)
Whether creditors willfully violated the automatic stay when they filed a criminal complaint against the debtor husband after the debtors filed their chapter 7 bankruptcy petition, or whether the filing of the criminal complaint was excepted from the stay under 11 U.S.C.S. § 362(b)(1).
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Court
:
- 11 U.S.C.
In re Hinesley Family Ltd. Pship No. 1
Aug
07
2013
Ruling
Claim for lost wages barred by res judicata.
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Court
:
- 11 U.S.C.
In re Center Field Props. LLC
Jul
03
2013
Ruling
Creditor entitled to administrative expense claim for portion of fee earned between petition date and rejection of licensing agreement.
Procedural posture
Creditor of chapter 11 debtor filed a motion for payment of a sum as a post- petition administrative claim under 11 U.S.C.S. § 503(b)(1)(A) based on a license agreement with the debtor. The debtor filed an objection to the amount requested.
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Court
:
- 11 U.S.C.
In re Luedtke
Jun
17
2013
Ruling
Old vehicle expense consistent with IRS guidelines could be deducted from disposable income calculation.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtors' plan under the "disposable income" requirement of 11 U.S.C.S. § 1325(b)(1).
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Court
:
- 11 U.S.C.
In re Bodeker
Jun
07
2013
Ruling
Trustee's search of debtor's home for undisclosed gold, silver and other assets did not violate the Fourth Amendment.
Procedural posture
A chapter 7 trustee filed a notice of intent to sell gold and silver of the estate at private sale. The debtor objected on the grounds that the trustee's search of his home for his gold and silver was an illegal search and seizure under the Fourth Amendment to the U.S. Constitution.
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Court
:
Estate of Earl Cournage v. Warburton (In re Warburton)
May
21
2013
Ruling
Discharge denied due to concealment of property and financial records from decedent's estate.
Procedural posture
A decedent's estate filed an adversary proceeding. The estate objected to the discharge of defendant debtors under 11 U.S.C.S. § 727(a)(1) and (a)(3), and sought an exception from the debtors' discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6).
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Court
:
In re Jirsa
May
20
2013
Ruling
Lease with option to purchase avoided as purchase price was less than equivalent value of property.
Procedural posture
A hearing was held on confirmation of the debtors' third amended chapter 13 plan and on their amended motion to reject an executory contract, or in the alternative, to determine that the executory contract was terminated.
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Court
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