- 28 U.S.C.
LTF Real Estate Co. v. Expert South Tulsa LLC (In re Expert South Tulsa LLC)
Feb
18
2014
Ruling
Court abstained from hearing dispute governed almost entirely by state law over ownership of escrow funds that were not property of the estate.
Issue(s)
Did bankruptcy court have jurisdiction over state law dispute between debtor engineer and real estate company concerning ownership of funds held by title insurance company to ensure completion of debtor's services?
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Court
:
- 11 U.S.C.
In re Weiss
Dec
19
2013
Ruling
Trust fund taxes were discharged absent allowed priority unsecured claim.
Issue(s)
Were prepetition IRS tax debts in a full payment chapter 13 case discharged.
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Court
:
- 11 U.S.C.
Rajala v. Liberty Bank (In re Buerge)
Oct
15
2013
Ruling
Trustee lacked standing to proceed against abandoned interest in stock owned by debtor.
Issue(s)
Could trustee seek to avoid bank's security interest in stock owned by debtor and previously ordered abandoned by the bankruptcy court.
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Court
:
- 11 U.S.C.
Redmond v. IGT Inc. (In re GMJ Global Logistics Inc.)
Oct
10
2013
Ruling
Shipper could offset debtor's claim for unpaid invoices against claims for breach of contract and indemnification.
Issue(s)
Whether a shipper was liable to debtor broker for invoices that the shipper did not pay where the shipper paid the debtor for prior invoices and the debtor did not pay the carriers, requiring the shipper to pay the carriers directly.
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Court
:
- 11 U.S.C.
Redmond v. IGT Inc. (In re Gmj Global Logistics Inc.)
Sep
24
2013
Ruling
Claims by shipper could be setoff against claims of estate.
Issue(s)
Was shipper that checked "prepaid" on bill of lading entitled to entitled to setoff against claim by estate of debtor that contracted as carrier but actually acted as broker, contracting with other carriers to transport shipper's products.
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Court
:
- 11 U.S.C.
In re Roberts
Jun
20
2013
Ruling
Above-median debtor could retain home without paying unsecured creditors provided utilities deduction was made reasonable.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' plan because it proposed to allow the debtors to keep their expensive home while paying nothing to general unsecured creditors. The trustee argued that the monthly housing cost was not a reasonable and necessary expense under 11 U.S.C.S. § 1325(b), that the plan was not proposed in good faith under § 1325(a)(3), and that the plan was not feasible under § 1325(a)(6).
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Court
:
In re Stouder
Feb
11
2013
Ruling
Objection to confirmation based on debt limits overruled where creditor's claim for fees in state court case was unliquidated.
Procedural posture
Before the court was an objection filed by a creditor to the confirmation of the chapter 13 debtor's plan, and a motion to dismiss, based on the creditor's allegation that the debtor was not eligible to be a debtor under 11 U.S.C.S. § 109(e) because its debts exceeded the liquidated, non- contingent unsecured debt limits.
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Court
:
- 11 U.S.C.
Marsala v. Marsala (In re Marsala)
Dec
19
2012
Ruling
Debt based on debtor's fraudulent appropriation of creditor's funds and conversion was nondischargeable.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). Additionally, the creditor requested that the court enter a money judgment in the amount that the court found non- dischargeable.
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Court
:
Rajala v. US Bank (In re Christenson)
Dec
18
2012
Ruling
Return of credit card cash advance was not avoidable.
Procedural posture
Chapter 7 trustee and defendant bank both sought summary judgment in the trustee's adversary proceeding to avoid the return of a cash advance to the bank under 11 U.S.C.S. § 547(b).
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Court
:
- 11 U.S.C.
In re Maslak
Oct
19
2012
Ruling
Creditor knowingly and willfully violated stay by seeking in personam judgment against debtor.
Procedural posture
The Amended Application for Order to Show Cause filed by debtors came on for hearing. The Amended Application concerned a mortgagee.
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Court
: