- 11 U.S.C.
Thorne v. Andre (In re Thorne)
Jul
02
2015
Ruling
Debtor loan broker's false claims to lender regarding value of borrowers' properties properly held to result in nondischargeable debt but disgorgement of origination fees was reversed.
Issue(s)
Was debt based on debtor mortgage broker's false statements to lender regarding value of borrowers' properties properly held to be nondischargeable and were loan origination fees received by debtor for loans that were funded properly ordered disgorged?
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Court
:
Judge or Jurisdiction information not available
In re River-Bluff Enters.
Apr
10
2015
Ruling
Plan confirmed as proposed in good faith and meeting all requirements.
Issue(s)
Should debtor's second amended chapter 11 plan of reorganization be confirmed?
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Court
:
- 11 U.S.C.
Sterba v. PNC Bank (In re Sterba)
Aug
27
2014
Ruling
Bankruptcy court erred in overruling debtor's objection to proof of claim that it ruled was timely.
Issue(s)
Did bankruptcy court err in overruling debtor's objection to creditor's proof of claim as untimely by improperly applying choice of law provision of promissory note?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Drummond v. Luedtke (In re Luedtke)
Apr
09
2014
Ruling
Debtors improperly allowed to claim outdated IRS vehicle expense in projected disposable income calculation.
Issue(s)
Were chapter 13 debtors allowed to claim an "older vehicle expense" as part of their projected disposable income calculation?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Gasprom Inc. v. Fateh (In re Gasprom Inc.)
Oct
28
2013
Ruling
Bankruptcy court erred in holding foreclosure on abandoned gas station did not violate stay and retroactively anulling stay to validate sale.
Issue(s)
Did bankruptcy court err in holding that postpetition foreclosure of debtor's principal asset, a gas station, did not violate the automatic stay because the stay had terminated by operation of law as a result of the chapter 7 trustee's abandonment.
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Court
:
Judge or Jurisdiction information not available
In re Manlove
Apr
04
2013
Ruling
Case ordered converted or dismissed for abuse due to totality of circumstances.
Procedural posture
The U.S. Trustee (UST) timely filed a Motion to Dismiss for Abuse under 11 U.S.C.S. § 707(b)(1), (b)(3)(B). Debtors filed an Objection to the Motion.
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Court
:
In re Vargas
Feb
29
2012
Ruling
Bank sanctioned for pursuit of foreclosure and offset of debtor's checking account in violation of discharge injunction.
Procedural posture
Debtor filed a motion for an order of contempt, seeking an award of sanctions against creditor bank for alleged violations of the discharge injunction of 11 U.S.C.S. § 524(a).
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Court
:
Clayton v. Roundup Funding LLC (In re Clayton)
Oct
12
2010
Ruling
Filing a claim that had been discharged in debtor's prior bankruptcy did not violate stay or discharge injunction where creditor had not received notice of discharge.
Procedural posture
Defendant, the assignee of a claim against debtor husband, moved for summary judgment on debtors' claim that it had violated the injunctions in 11 U.S.C.S. § 362(a) and 11 U.S.C.S. § 524(a) by filing a claim in the instant case on account of a debt incurred by debtor husband that had been discharged in a prior no-asset chapter 7 case filed by debtor husband. At issue was whether the filing of the claim violated either § 362(a) or § 524(a).
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Court
:
Hernandez v. Beneficial Wash. Inc. (In re Hernandez)
Jan
04
2008
Ruling
Damages awarded due to creditor's willful violation of stay.
Procedural posture
Plaintiff debtor requested the entry of judgment on a claim that defendant creditor willfully violated 11 U.S.C. § 362(a) and ignored the discharge injunction in 11 U.S.C. § 524(a)(2).
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Court
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