- 11 U.S.C.
In re Reynolds
Jun
05
2007
Ruling
Dismissal for failure to file payment advices not required given other evidence of payment received.
Procedural posture
A chapter 13 trustee requested dismissal of the bankruptcy case due to the debtor's failure to timely file his pay stubs, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv).
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Court
:
- 11 U.S.C.
In re Forest Hill Funeral Home & Mem. Park - East LLC
Mar
26
2007
Ruling
Case dismissed for bad faith where funeral home debtor made improper investments, failed to keep adequate records and intended to thwart state enforcement proceedings.
Procedural posture
A bankruptcy debtor owned and operated cemeteries, funeral homes, and mausoleums, and filed its chapter 11 bankruptcy petition after becoming unable to honor prepaid contracts for funeral arrangements. A state agency which regulated the funeral home, cemetery, and mausoleum business moved to dismiss the debtor's case or for abstention in favor of pending state proceedings for appointment of a receiver for the debtor.
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Court
:
- 11 U.S.C.
In re Quick
Jan
26
2007
Ruling
Surrender of vehicles to secured creditor resulted in full satisfaction of debt pursuant to "hanging paragraph"precluding claim for deficiency.
Procedural posture
Two chapter 13 cases came before the court on a creditor's objection to confirmation of debtors'chapter 13 plans.
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Court
:
- 11 U.S.C.
In re Quarles
Jan
18
2007
Ruling
Defendants in debtor's medical malpractice action lacked standing to appeal reopening of case to amend schedules and include claim.
Procedural posture
On motion of appellee trustee, a debtor was allowed to reopen her bankruptcy case to amend her schedules to include an omitted medical malpractice action against appellants, underlying defendants. Appellants were not notified of the motion and moved to vacate the order allowing the case to be reopened. The motion was denied. Appellants challenged the bankruptcy court's denial. A magistrate recommended denying their appeal. Appellants objected.
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Court
:
- 11 U.S.C.
In re Cloud
Nov
29
2006
Ruling
Case dismissed due to debtors' failure to timely file required copies of payment advices.
Procedural posture
The court noted that 11 U.S.C. § 521(i)(1) provided for the automatic dismissal of voluntary individual cases effective on the 46th day after the date of the filing of the petition if the documents described in 11 U.S.C. § 521(a)(1) were not filed within 45 days after the petition date. The court noted that it had no discretion to enlarge the time limitations of 11 U.S.C. § 521(i)(1) after the expiration of those time limitations. The husband debtor failed to timely file copies of all his payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). As a result, the bankruptcy case as to the husband debtor was automatically dismissed by operation of statute. The wife debtor declared, under penalty of perjury, that she did not receive any payment advices or other evidence of payment from any employer at any point during the 60 days before the petition date. Accordingly, the chapter 13 case as to the wife debtor was not dismissed.
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Court
:
In re Brown
Nov
17
2006
Ruling
Attorney admonished for assisting debtor with pleadings despite status as secured creditor.
Procedural posture
The court conducted a hearing on the role of an attorney who allegedly counseled and provided "ghostwritten" legal pleadings to the debtor, despite his simultaneous role as a secured creditor of the debtor.
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Court
:
- 11 U.S.C.
Citibank v. Chamberlain (In re Chamberlain)
Sep
27
2006
Ruling
Credit card debt excepted from discharge where debtor admitted lack of intent to pay charges when incurred.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant debtor, claiming that a credit card debt owed to the bank was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The bank moved for summary judgment. The debtor did not respond to the motion.
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Court
:
In re Hentges
Sep
26
2006
Ruling
Involuntary petition properly filed against debtor who was hostile, litigious and used sham and artifice to avoid paying creditors.
Procedural posture
Petitioning creditors sought an order for relief against an alleged debtor under chapter 7 of the Bankruptcy Code. The creditors claimed that they were eligible to file an involuntary petition under 11 U.S.C. § 303(b) and that, except for debts that were subject to a bona fide dispute as to liability or amount, the debtor was generally not paying his debts as they became due.
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Court
:
- 11 U.S.C.
Caldwell v. Continental Am. Ins. Co. (In re Caldwell)
Sep
26
2006
Ruling
Overpayment of long term disability benefits was dischargeable.
Procedural posture
Plaintiff, a chapter 7 debtor, filed an adversary proceeding against defendant insurers for breach of a long-term disability insurance policy. Defendants countered with a demand that an alleged overpayment of benefits be ruled nondischargeable under 11 U.S.C. § 523(a)(2)(A) and that they recoup an overpayment of benefits that they claimed to have made, arguing that the funds were not estate property in the first instance.
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Court
:
- 11 U.S.C.
In re Stillwell
Aug
22
2006
Ruling
Reaffirmation agreement approved where debtor failed to show enforcement would cause undue hardship.
Procedural posture
A bankruptcy debtor sought to retain her vehicle even though the debtor's available income was insufficient to make payments on the debt secured by the vehicle. The debtor sought approval of a reaffirmation agreement with the secured creditor under 11 U.S.C. § 524(m)(1).
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Court
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