- 11 U.S.C.
RBS Inc. v. Bell (In re Bell)
Mar
26
2014
Ruling
Bankruptcy court erred in denying relief from stay to foreclose where debtor no longer retained any interest in the subject property under state law.
Issue(s)
Whether bankruptcy court erred by finding that debtors retained an interest in property after it had been "hammered down" and sold at a foreclosure sale, but before a deed could be recorded by the purchaser.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
13 Holdings LLC v. Gorilla Cos. LLC (In re Gorilla Cos. Inc.)
Mar
26
2014
Ruling
Stern v. Marshall did not deprive bankruptcy court had jurisdiction over debtor's state law unjust enrichment claim that was necessarily resolved in ruling on creditor's proof of claim.
Issue(s)
Did bankruptcy court lack jurisdiction over debtor's unjust enrichment counterclaim to creditor's breach of contract claim pursuant to the U.S. Supreme Court's ruling in Stern v. Marshall?
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Court
:
- 11 U.S.C.
Andrews v. McCarron (In re Vincent Andrews Mgmt. Corp.)
Mar
26
2014
Ruling
Debt properly held nondischargeable due to collateral estoppel effect of state court judgment.
Issue(s)
Was state court fraud judgment properly held to have preclusive effect in a subsequent nondischargeability proceeding?
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Court
:
- 11 U.S.C.
Jones v. Badami (In re Jones)
Mar
26
2014
Ruling
Debtor's interest in proceeds of mother's pension plan was not exempt.
Issue(s)
Whether a debtor's interest in the proceeds of a pension plan could be exempted from the debtor's bankruptcy estate.
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Court
:
Gilbert v. North Am. Airlines
Mar
26
2014
Ruling
Wrongful employment discharge case dismissed as barred by debtor employer's discharge injunction.
Issue(s)
Could former employee pursue postconfirmation, postdischarge wrongful employment discharge action against debtor employer on grounds that he did not understand any notice that was sent to him or that it involved his claim and where his attorney allegedly had no recollection of receiving notice?
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Court
:
- 11 U.S.C.
Macauley v. Estate of Nicholas
Mar
25
2014
Ruling
Debtor lacked standing to pursue civil RICO action that was property of the estate.
Issue(s)
Could debtor pursue civil RICO action regarding a series of fraudulent real estate transactions undertaken in her name without her knowledge?
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Court
:
Bank of N.Y. v. Sheeley
Mar
25
2014
Ruling
Mortgage with improper legal description properly avoided by trustee pursuant to strong-arm powers.
Issue(s)
Did bankruptcy court properly conclude that a bank was not entitled to declaratory judgment that its mortgage was a valid first mortgage lien on the debtor's residence and to reform the mortgage to correct the legal description, which was incorrect on the petition date?
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Court
:
- 11 U.S.C.
Rose v. Logan
Mar
25
2014
Ruling
Shareholder of debtor lacked standing to appeal order for sale of estate property.
Issue(s)
Did trustee's failure to obtain an appraisal of property and alleged misrepresentation of a realtor's opinion of value as an appraisal warrant reversal of the bankruptcy court's orders pertaining to trustee's sale of debtor's real property?
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Court
:
- 11 U.S.C.
Jacobs v. Marcus-Rehtmeyer (In re Marcus-Rehtmeyer)
Mar
24
2014
Ruling
Bankruptcy court did not err in denying motion for denial of discharge.
Issue(s)
Did bankruptcy court properly overrule creditor's objection to debtor's discharge by finding lack of intent to conceal assets and income or intent to deceive?
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Court
:
In re Montreal Me. & Atl. Ry.
Mar
21
2014
Ruling
Wrongful death claims resulting from railway accident were related to debtor's bankruptcy and should be tried in the same court.
Issue(s)
Should nineteen wrongful death cases filed in the wake of a disastrous train derailment in Lac Mégantic, Quebec be transferred to the bankruptcy court pursuant as cases related to the railway's bankruptcy?
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Court
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