- 11 U.S.C.
Werner v. Gilbert (In re Gilbert)
May
03
2013
Ruling
Nondischargeability proceeding dismissed where creditor did not rely on debtor's false representations in lending money.
Procedural posture
Judgment creditor sent a letter to the court which asked the court to find that chapter 7 debtor owed her a debt in the amount of $6,680 that was nondischargeable in bankruptcy. The court treated the letter as a complaint, found that the creditor was seeking relief under 11 U.S.C.S. § 523(a)(2)(A), held a trial on issues the creditor raised.
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Cini v. Viscomi & Gersh PLLP (In re Cini)
May
03
2013
Ruling
Debtor's purchase of former spouse's interest in trust fund at sheriff's sale was valid and interest was property of the estate.
Procedural posture
Debtor brought an adversary proceeding against defendant attorney who represented the debtor's former spouse in divorce proceedings, seeking a determination of the validity and priority of interests in a trust fund of damages awarded or to be awarded to the debtor and the spouse arising from an automobile accident.
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Court
:
- 11 U.S.C.
In re Warwood
Apr
22
2013
Ruling
Feasible plan for which at least one impaired creditor class had voted confirmed over objection of creditor that would be subject to interest rate cramdown.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for paying his creditors. A mortgage company and other creditors filed an objection to the debtor's plan, and the court held a hearing on the debtor's motion seeking confirmation of his plan and the creditors' objection.
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Court
:
- 11 U.S.C.
Hunt v. Bailey (In re Bailey)
Apr
02
2013
Ruling
Judgment claim based on state court finding of fraud was nondischargeable.
Procedural posture
Parents filed an adversary proceeding chapter 7 debtor, their son, seeking a determination that a claim in the amount of $169,440 they filed against their son's bankruptcy estate was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The parents filed a motion for summary judgment.
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In re Spanish Peaks Holdings II LLC
Mar
29
2013
Ruling
Motion to assume ground lease to nonresidential real property pursuant to asset purchase agreement granted.
Procedural posture
Chapter 7 trustee filed a motion to assume a ground lease to certain nonresidential real property as the result of an asset purchase agreement with a buyer who presented the best offer for the debtors' property. The lessees under the ground lease filed an objection to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Standley
Mar
22
2013
Ruling
Confirmation denied as proposed term of payment was too long.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors. After the debtors failed to make a payment that was due under their original plan, they filed an amended plan and asked the court to confirm their amended plan. Two banks that held claims against the debtors' property filed a motion to dismiss the debtors' case and an objection to confirmation of the debtor's second amended plan.
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Court
:
- 11 U.S.C.
In re Belzer
Mar
19
2013
Ruling
Plan confirmed with 36 month commitment period despite recent increase in income as debtors' income in six months prior to petition was below median.
Procedural posture
Chapter 13 trustee objected to the confirmation of the debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
Samson v. Western Capital Partners LLC (In re Blixseth)
Mar
18
2013
Ruling
Guaranty executed within two years of petition date while debtor was insolvent for less than reasonably equivalent value could be avoided as fraudulent.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant Colorado limited liability company ("LLC"), seeking a determination that he could avoid a guaranty a chapter 7 debtor gave the LLC on a loan it made to the debtor's son, could recover payments and property the LLC received to repay the loan, and could recover a penalty under Montana law because the LLC charged a usurious rate of interest. The case was tried to the court.
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Court
:
- 11 U.S.C.
Bucher v. Hughes (In re Hughes)
Feb
26
2013
Ruling
Judgment for injury inflicted by debtor while operating vehicle under the influence of alcohol was nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against debtor, seeking a determination that the debtor owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(9) because he injured the creditor while operating a motorcycle under the influence of alcohol. The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Cini v. Viscomi & Gersh PLLP (In re Cini)
Feb
25
2013
Ruling
Debtor's former spouse did not have secured claim in proceeds of wrongful death action.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against her ex-husband and others, seeking a determination, inter alia, that her ex-husband did not have a valid lien on any judgment she obtained in a survival action and a wrongful death action that were filed in a Montana court (Count I of the debtor's complaint). The debtor filed a motion for summary judgment on Count I of her complaint.
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Court
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