- 11 U.S.C.
In re Spence
Jul
30
2013
Ruling
Chapter 7 trustee allowed administrative expense claim for work performed prior to conversion to chapter 13.
Issue(s)
Whether in a case converted from chapter 7 to chapter 13, counsel of the chapter 7 trustee was entitled to a chapter 13 administrative claim for work performed in the chapter 7 case?
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Court
:
- 11 U.S.C.
In re McGehan
Jul
19
2013
Ruling
Plan proposing to pay off debts in five years approved as complying with express terms of Bankruptcy Code.
Issue(s)
Whether, in consolidated cases, the debtors had proposed their plans in good faith under 11 U.S.C.S. § 1325 when they proposed to pay in five years what they could easily have paid in less than three years.
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Court
:
Ellis v. United States Dept of Homeland Sec. (In re Ellis)
May
13
2013
Ruling
Department of Homeland Security did not discriminate against debtor on account of bankruptcy by temporarily denying employment as government contract security worker.
Procedural posture
Plaintiff debtor brought this action against defendant, the U.S. Department of Homeland Security (DHS), asserting that it discriminated against him in violation of 11 U.S.C.S. § 525(a) by temporarily denying him employment as a government contract security worker. Before the court was DHS's Fed. R. Civ. P. 52(c) oral, renewed motion for judgment on partial findings.
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Court
:
- 11 U.S.C.
Wieland v. Assaf (In re Briones-Coroy)
Oct
23
2012
Ruling
Bankruptcy petition preparer ordered to return fees and barred from providing services due to multiple violations.
Procedural posture
United States Trustee (UST) brought an action against a bankruptcy petition preparer that alleged multiple violations of 11 U.S.C.S. § 110 and sought an injunction that would bar the preparer from continuing to provide bankruptcy petition preparer services.
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Court
:
- 11 U.S.C.
Sender v. Community State Bank (In re Mitchek)
Mar
19
2012
Ruling
Bank ordered to turn over funds received on loan payoff in violation of settlement agreement.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary action against defendant bank alleging that the bank breached a settlement agreement that was intended to resolve the trustee's claim on a motor vehicle lien obtained by the bank on a vehicle owned by the debtor. The parties filed cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Crawford
Mar
19
2012
Ruling
Chapter 13 debtor could defer payment to mortgage creditor until after sale of property.
Procedural posture
A secured creditor objected to the confirmation of chapter 13 debtor's plan and filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1).
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Court
:
In re SRKO Family L.P.
Mar
12
2012
Ruling
Confirmation could not occur absent disclosure of identity of post-confirmation management.
Procedural posture
A number of matters were before the court including a Motion to Abate and/or Suspend all Proceedings on a proponent's Plan of Reorganization for the Debtor, filed by the trustee in the separate but related individual case, Case No. 10-16450, as well as several joinders to the trustee's motion. Also pending was debtor's Motion to Abate or Stay, and the plan proponent's objection thereto.
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Court
:
- 11 U.S.C.
In re Hernandez
Oct
31
2011
Ruling
Bankruptcy petition preparer, a disbarred lawyer, sanctioned for excessive fees and providing legal advice.
Procedural posture
The trustee moved for sanctions under 11 U.S.C.S. § 110 against the debtor's bankruptcy petition preparer.
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Court
:
Rodriguez v. Tompkins (In re Tompkins)
Aug
17
2011
Ruling
Discharge properly revoked due to debtor's failure to turn over estate funds.
Procedural posture
Plaintiff trustee moved for summary judgment on his claim that defendant debtor's discharge was properly revoked pursuant to 11 U.S.C.S. § 727(d)(2) and (d)(3) on grounds including debtor's failure to turn over funds belonging to the estate in compliance with 11 U.S.C.S. § 542.
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Court
:
- 11 U.S.C.
In re Castro
Jul
27
2011
Ruling
Debtors without regular income not entitled to improper, frivolous and vexatious conversion to chapter 13.
Procedural posture
Debtors filed a Notice of Conversion of a Chapter 7 Case to a Case Under Chapter 13 of the Bankruptcy Code.
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Court
: