Farnham, In re
Sep
06
2024
Ruling
Creditors' request to vacate the bankruptcy court's order dismissing debtor's Chapter 13 case failed as debtor had an unambiguous right to voluntarily dismiss his case. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
- 11 U.S.C.
Tileh, In re--Idaho DOL v. Tileh
Sep
06
2024
Ruling
Overpayment of unemployment benefits was nondischargeable as the undisputed facts showed the state department of labor relied on debtor’s misrepresentations. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
Henderson Int'l Land, In re
Sep
04
2024
Ruling
Lack of good faith in filing bankruptcy petitions for multiple entities warranted dismissal. (Bankr. D. Nev.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Sanders, In re
Sep
03
2024
Ruling
In rem relief from stay granted as evidence established that debtor attempted to use her bankruptcy case as a sword rather than a shield. (Bankr. M.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
- 11 U.S.C.
Baldwin, In re
Aug
29
2024
Ruling
Chapter 13 plan could not be confirmed where debtor proposed to pay monthly payments in an amount insufficient to make all the required payments under the plan. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan.
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Court
:
Detlefs, In re
Aug
22
2024
Ruling
Voluntary Chapter 7 petition was not subject to dismissal for bad faith as the debtor was unemployed, had minimal income and assets, and did not act in bad faith. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
Heatt, In re--Heatt v. United Stataes Dep't of Educ.
Aug
22
2024
Ruling
Debtor was not entitled to discharge of student loans as the record fell far short of establishing that a minimal standard of living was in jeopardy. (Bankr. D. Nev.)
Issue(s)
Discharge; Debts Affected.
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Court
:
- 11 U.S.C.
Stephens, In re
Aug
13
2024
Ruling
Foreclosure sale of debtor’s residence did not violate the automatic stay because it becamefinal without any "act" to take possession of or exercise control over property of the estate.(Bankr. C.D. Cal.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.
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Court
:
- 11 U.S.C.
Revivify, LLC v. Thrivify, LLC (In reThrivify, LLC)
Aug
12
2024
Ruling
Chapter 11 trustee was entitled to reject a settlement term sheet as plaintiffs did not overcomethe presumption that trustee acted prudently, on an informed basis, in good faith, and in thehonest belief that rejection was in the estate's best interest. (Bankr. D. Or.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession.
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Court
:
Lambert, In re
Aug
07
2024
Ruling
Court allowed creditor's late-filed proofs of claim due to conflicting and misleading bar datenotices. (Bankr. D. Idaho)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign
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Court
: