- 11 U.S.C.
In re Primes
Sep
26
2014
Ruling
Relief from stay denied where creditor's attempt to circumvent foreclosure through terms of forbearance agreement was ineffective under state law.
Issue(s)
Did quit claim provided by debtor in connection with a forbearance agreement entitle creditor to relief from stay to take possession of the subject property?
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Court
:
Giebel v. Styron (In re Giebel)
Aug
29
2014
Ruling
Misrepresentation regarding subordination agreement was grounds for nondischargeable debt.
Issue(s)
Was second mortgage debt nondischargeable due to misrepresentations made by debtor to creditor or could the lien be stripped and the claim disallowed?
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Court
:
- 11 U.S.C.
In re Rental Sys. LLC
Mar
17
2014
Ruling
Debtor's application to employ law firm denied due to failure to comply with disclosure requirements and deadlines.
Issue(s)
Could debtor employ law firm that failed to comply with disclosure requirements and deadlines regarding payment and source of fees and prior representation of affiliates of debtor?
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Court
:
- 11 U.S.C.
Richer v. Morehead (In re Richer)
Jan
09
2014
Ruling
Portion of claim based on demand note allowed but portion consisting of prepetition interest disallowed.
Issue(s)
Was creditor entitled to unsecured claim based on note, including postpetition interest.
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Court
:
- 11 U.S.C.
In re Weatherspoon
Jan
03
2014
Ruling
Postpetition funds in trustee's hands revested with debtor after postconfirmation dismissal and could not be paid to debtor's counsel.
Issue(s)
Should postpetition funds in hands of trustee on dismissal of chapter 13 case be paid to debtor or to debtor's counsel.
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Court
:
- 28 U.S.C.
Donahue v. Smith (In re Pinewood Buffet & Grill Inc.)
Dec
30
2013
Ruling
Bankruptcy court had jurisdiction over creditor lessor's claim for fire insurance proceeds but not over claim against insurers for damages.
Issue(s)
Did bankruptcy court have jurisdiction over creditor's claims for fire insurance proceeds and for damages against the insurer.
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Court
:
- 11 U.S.C.
Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.)
Dec
19
2013
Ruling
Transfers that did not involve estate property were not avoidable. (Bankr. W.D. Wash.)
Issue(s)
Whether consigned goods delivered to a debtor postpetition become property of the debtor's estate.
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Court
:
- 11 U.S.C.
Sherron Assocs. Loan Fund XXI (Lacey) LLC v. Thomas (In re Parks)
Dec
18
2013
Ruling
LLC was a "corporation" that could be an "affiliate" or "insider" of debtor.
Issue(s)
Is an LLC a "corporation" under the bankruptcy code definitions of "affiliate" and "insider."
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Court
:
Old Republic Natl Title Ins. Co. v. Levasseur (In re Levasseur)
Dec
16
2013
Ruling
Debt was nondischargeable due to debtor's withdrawal from home equity account she knew was no longer available.
Issue(s)
Was debt nondischargeable for false pretenses and intent to defraud due to debtor's obtaining certified checks from a home equity account that she knew should not have been available.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Waldron v. Huber (In re Huber)
Nov
25
2013
Ruling
Debtor's ownership interest in entity that was controlling member of LLC was property of the estate.
Issue(s)
Whether a chapter 7 trustee who succeeded to the membership rights of an entity that was owned 100 percent by the debtor, also succeeded to the non-economic membership rights of a subsidiary multi- member L.L.C., when the other L.L.C. member did not consent to the trustee's management interest?
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Court
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