- 11 U.S.C.
Sandler v. Aguilar (In re Aguilar)
Jan
20
2009
Ruling
Innocent debtor spouse's after-acquired property would not be liable for husband's nondischargeable debt after divorce.
Procedural posture
Plaintiffs, two investors, sued defendant debtors, an attorney and his wife, requesting an order that debtor husband was indebted to plaintiffs for $ 75,000, that such debt was a community debt, and that such debt was not dischargeable by reason of his larceny, embezzlement, defalcation while acting as a fiduciary, and/or willful and malicious injury to plaintiffs' property. Pending was the wife's motion for judgment on the pleadings.
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Court
:
- 11 U.S.C.
Ryan v. Andrews (In re Chrismer)
Sep
23
2008
Ruling
Trustee could not recover for creditor's preference period retrieval of commercial goods worth less than $5 thousand from debtor.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an action against defendant company alleging that the company received a preferential transfer from the debtor under 11 U.S.C.S. § 547. The company asserted a debtor under 11 U.S.C.S. § 547(c)(9).
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Court
:
- 11 U.S.C.
In re DeHoog
Sep
17
2008
Ruling
Neither counseling received more than 180 days prior to petition date nor counseling completed later in the afternoon of the petition date satisfied credit counseling requirement.
Procedural posture
A debtor was ordered to show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to comply with credit and budget counseling requirements of 11 U.S.C.S. § 109(h)(1) and (3).
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Court
:
- 28 U.S.C.
Domenico v. Hooser (In re Domenico)
Sep
12
2008
Ruling
Proceeding alleging eviction in violation of stay was within bankruptcy court's core jurisdiction.
Procedural posture
Plaintiff debtor filed an action against defendant sellers claiming that the sellers violated the automatic stay under 11 U.S.C.S. § 362(k)(1), by evicting him from his home post- petition and retaining the debtor's belongings. The sellers filed a motion to dismiss.
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Court
:
- 11 U.S.C.
In re Rio Valley Motors Co. LLC
Mar
24
2008
Ruling
Insurer's expense in paying auto dealership for amount debtor dealer failed to pay in vehicle swap allowed as administrative expense claim.
Procedural posture
An automobile dealership swapped vehicles with a bankruptcy debtor, also a dealership, and the debtor received a check for its vehicle but did not pay for the dealership's vehicle. The dealership's insurer paid the dealership for its loss and moved for allowance of an administrative claim based on the value of the vehicle delivered to the debtor.
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Court
:
- 11 U.S.C.
In re Zamora
Mar
19
2008
Ruling
Modification of chapter 12 plan denied due to failure to allege change in post-confirmation financial condition.
Procedural posture
A creditor objected to the debtors' motion to modify their confirmed chapter 12 plan, pursuant to 11 U.S.C.S. § 1229.
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Court
:
- 11 U.S.C.
Hunter v. Educational Res. Inst. Inc. (In re Hunter)
Jan
18
2008
Ruling
Student loan debt for which untimely proof of claim was disallowed could not be discharged without an adversary proceeding.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking a judgment finding that a student debt he owed was discharged because the creditor filed an untimely proof of claim that was disallowed. The creditor filed a motion to dismiss.
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Court
:
In re JTSSimms LLC
Jan
04
2008
Ruling
Contract default rate of interest awarded to oversecured creditor.
Procedural posture
The court entered an order denying the motion of creditor hedge fund for relief from the automatic stay on the ground that the collateral, a building on which the hedge fund made a bridge loan, had sufficient value (over $8.5 million) to provide equity for the creditor's interest in the property to justify not modifying the stay. The court issued additional findings of fact and conclusions of law as to the interest charged and loan fee.
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Court
:
- 11 U.S.C.
May v. Lobo Land LLC (In re Lobo Land LLC)
Dec
21
2007
Ruling
Court had subject matter jurisdiction over adversary proceeding brought by creditor against debtor LLC and managing member for unauthorized transfer of released escrow funds.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, a debtor limited liability company and its managing member, alleging conversion by the member or aiding and abetting conversion by the debtor along with a breach of fiduciary duty. Sua sponte, the court questioned its jurisdiction because the chapter 11 case had been confirmed and the member was not a debtor.
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Court
:
- 11 U.S.C.
In re Mountain Highlands LLC
Dec
14
2007
Ruling
Plan confirmation denied due to feasibility concerns and debtor's material misstatements regarding postpetition debts.
Procedural posture
A creditor objected to the confirmation of a debtor's modified restated plan of reorganization.
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Court
: