- 11 U.S.C.
In re Schwenke
Sep
25
2008
Ruling
Economic stimulus payment was property of the estate and subject to turnover.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A trustee moved for turnover of an economic stimulus payment that the debtor received under the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613, claiming that it was property under 11 U.S.C.S. § 541. The debtor objected to the turnover.
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Court
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In re Montgomery
Aug
21
2008
Ruling
Creditor's collection from non-debtor spouse did not violate discharge injunction.
Procedural posture
The debtor filed a motion for sanctions against creditor for violation of the discharge injunction, including punitive sanctions.
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Court
:
- 11 U.S.C.
In re Ellis
Aug
21
2008
Ruling
Debtor not entitled to exemption in statutory right of redemption where contrary to state law.
Procedural posture
The debtor claimed a homestead exemption in her statutory right of redemption following the foreclosure of her home. The chapter 7 Trustee objected.
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Court
:
- 11 U.S.C.
In re Dumontier
Jun
13
2008
Ruling
Ruling in prior case that former spouse's claim against debtor's property located in Indian Trust land was unsecured was res judicata in second case.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in January 2008, and her ex-husband filed a proof of claim on March 6, 2008, alleging that he had a secured claim in the amount of $ 106,710.09 in property the debtor owned. The debtor filed an objection to her ex- husband's claim.
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Court
:
- 11 U.S.C.
In re Baillargeon
Jun
13
2008
Ruling
Plan did not meet "best interests of creditors" test due to omission of value of debtor's interest in house.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtors' plan.
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Court
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In re McNulty
May
19
2008
Ruling
Attorneys' fees limited to "grossly underestimated" amount disclosed in plan plus original retainer.
Procedural posture
The chapter 13 debtors' attorney filed an application for attorney's fees and costs.
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Court
:
- 11 U.S.C.
In re Wetco Rest. Group LLC
Apr
23
2008
Ruling
Invoice pursuant to ongoing shipping arrangement within 20 days of petition date was not allowable as administrative expense claim.
Procedural posture
Movant, a supplier to debtor restaurant company, asked the court to allow and pay its administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(9). At issue was whether goods shipped to debtor by movant within the 20 days prior to the filing of debtor's chapter 11 case.
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Court
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In re Fisher
Apr
15
2008
Ruling
Case converted to chapter 7 due to debtors' failure to comply with stipulation or promises made at initial interview.
Procedural posture
The Trustee and the Montana Department of Revenue filed motions to convert chapter 11 debtors' case to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
- 11 U.S.C.
In re Fray
Apr
11
2008
Ruling
Debtor's former spouse and counsel violated stay by filing state court action relating to division of marital property.
Procedural posture
The debtor and his wife were divorced. Their property settlement agreement authorized the wife to reopen the divorce and set aside the agreement in the event assets were not disclosed. Although the debtor failed to list his wife or two children on his schedules or statement of financial affairs, the wife learned of the bankruptcy. Without seeking relief from the automatic stay, the wife filed a complaint in state court against the debtor seeking to set aside the divorce decree and relitigate the division of marital property. The wife testified that she relied on her counsel's advice in proceeding with the state court complaint, and she agreed with counsel's suggestion that any mistake was his and not hers. The court held that § 362(b)(2) did not except from the stay actions related to the division or disclosure of marital property, but rather only actions or proceedings for an order for alimony, maintenance, or support. The court held that the violation was willful because her commencement of the state court action was intentional and with knowledge of the bankruptcy. The court also held that it was appropriate that her counsel share liability for her contempt.
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Court
:
- 11 U.S.C.
In re Jones
Apr
10
2008
Ruling
Collection agency and its attorney, but not creditor who hired them, were liable for violation of discharge injunction.
Procedural posture
Chapter 7 debtor and his co-debtor spouse filed a motion for contempt sanctions for a violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2) against a creditor, a collection agency, and the agency's attorney.
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Court
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