- 11 U.S.C.
In re Cottonwood Corners Phase V LLC
Feb
17
2012
Ruling
Confirmation denied due to imposition of subordination agreement on creditor landlord without consent.
Procedural posture
A chapter 11 debtor sought confirmation of its plan of reorganization, which was opposed by its largest creditor.
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In re Martinez
Jan
24
2012
Ruling
Debtor could not claim homestead exemption in property owned by spouse, in which debtor failed to establish equitable lien, in order to avoid judicial lien.
Procedural posture
Debtors, husband and wife, claimed separate homestead exemptions in real property owned by the wife, and a judgment creditor of the wife objected to the husband's claim of the homestead exemption. The debtors moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f) as impairing the homestead exemption.
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- 11 U.S.C.
Comstock v. Rodriguez (In re Rodriguez)
Jan
20
2012
Ruling
Retirement funds owed to debtor's former spouse did not amount to domestic support obligation.
Procedural posture
Creditor filed an adversary action to determine dischargeability of debt arising from the parties' divorce. Debtor filed a counterclaim that alleged the debt was not a domestic support obligation subject to 11 U.S.C.S. § 523(a)(5) and that sought recovery of a $15,000 payment made to the creditor as a preferential transfer under 11 U.S.C.S. § 547. The debtor filed a motion for summary judgment on the counterclaim.
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- 11 U.S.C.
First New Mexico Bank v. Bruton (In re Bruton)
Dec
12
2011
Ruling
Debtor spouse's debt to bank was dischargeable absent evidence of false statements or guarantees.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant debtors, a husband and wife, seeking a determine that the debtors owed the bank a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). Several claims were resolved on pretrial motion, and the court tried the bank's claim that the wife owed the bank a debt that was nondischargeable under § 523(a)(2)(A).
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McNaughton v. Maytorena (In re Maytorena)
Nov
04
2011
Ruling
Failure to receive notice of deadline for filing nondischargeability proceeding was not grounds for revocation of discharge where notice of bankruptcy was received.
Procedural posture
Creditors filed complaints against defendant debtors in which they asserted that a debt arising from a failed real estate deal constituted a nondischargeable debt under 11 U.S.C.S. § 523. They also objected to defendants being granted a discharge and sought revocation of the discharges under 11 U.S.C.S. § 727. Defendants filed motions for summary judgment on the ground that plaintiffs' complaints were time-barred.
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- 11 U.S.C.
Estate of Bishop v. Mulholland (In re Mulholland)
Sep
16
2011
Ruling
Debtor vending machine business operator denied discharge due to false statements and omissions from schedules.
Procedural posture
Creditors filed a complaint against chapter 7 debtors objecting to discharge under 11 U.S.C.S. § 727(a)(4)(A).
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- 11 U.S.C.
Montoya v. Battaglia (In re Weber)
Jul
05
2011
Ruling
Payment of fire insurance proceeds to landlord who took debtor in after fire was preferential.
Procedural posture
Trustee filed this adversary action against defendant transferee seeking to avoid a preferential transfer under 11 U.S.C.S. § 547 of $8,000 paid by the debtor to the transferee on the eve of filing for bankruptcy. The trustee moved for summary judgment.
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- 11 U.S.C.
Ryan v. Montoya (In re Gonzales)
Jul
01
2011
Ruling
Insolvency, as factor in fraudulent transfer, cannot be inferred from commencement of chapter 7 case shortly after transfer.
Procedural posture
Trustee filed a complaint against defendant grantee--a debtor's daughter-- seeking to recover real property pursuant to 11 U.S.C.S. 548 (a)(1)(B). The trustee asserted that he was entitled to recover the property because the debtor transferred the property to her daughter for no consideration only five weeks prior to the filing of her chapter 7 bankruptcy petition.
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Court
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In re Joung
Jun
10
2011
Ruling
Conversion to chapter 11 denied without prejudice where debtor could propose plan that would provide full recovery to creditors.
Procedural posture
A bankruptcy debtor moved to convert her Chapter 7 case to a case under Chapter 11 pursuant to 11 U.S.C.S. § 706(a), a creditor opposed the conversion based on the debtor's bad faith in failing to disclose assets and transfers.
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Court
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In re Bollinger
Apr
12
2011
Ruling
Denial of relief from stay conditioned on debtor' making monthly payments and making property available for inspection.
Procedural posture
A creditor filed a motion for relief from the automatic stay and for abandonment of property to the creditor pursuant to 11 U.S.C.S. § 362(d), alleging that the Chapter 13 debtors were in default under a note and mortgage, that there was no equity in the property, that the debtors could not offer adequate protection, and that the property might be burdensome to the estate and of no consequential value and benefit to the estate.
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Court
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