- FRBP
Carter v. Hall (In re Hall)
Jun
10
2009
Ruling
Court declined to extend time for service of process in dischargeability proceeding.
Procedural posture
Plaintiff creditors filed an adversary proceeding objecting to discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6) against defendant chapter 7 debtor. Before the court was an order to show cause why the proceeding should not be dismissed for failure to properly serve the debtor. The creditors sought an extension of time for service under Fed. R. Civ. P. 4(m).
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Court
:
- 11 U.S.C.
In re Kruger Props. LLC
May
27
2009
Ruling
Court refused to vacate dismissal where case was filed solely to frustrate or delay sheriff's sale.
Procedural posture
The debtor filed a chapter 11 bankruptcy petition. The only secured creditor filed a motion to dismiss or, in the alternative, motion for relief from stay pursuant to 11 U.S.C.S. § 362(d), for abandonment of property pursuant to 11 U.S.C.S. § 554(b), a notice of opportunity for hearing. The debtor did not respond to the motion to dismiss and the court entered an order of dismissal. The debtor moved to vacate the order of dismissal.
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Court
:
- 11 U.S.C.
In re Quarles
May
13
2009
Ruling
Order for partial judgment obtained by defendants in case brought by debtor violated stay.
Procedural posture
A debtor filed for relief under chapter 7. The movants, a physician and a corporation, filed a motion for determination of the applicability of the automatic stay and notice of opportunity for a hearing. A trustee objected to the motion.
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Court
:
- FRBP
Bank of the Prairie v. Picht (In re Picht)
Apr
14
2009
Ruling
Bankruptcy courts are required to explain legal and factual bases for plan confirmation.
Procedural posture
Appellant bank appealed from the Bankruptcy Court for the District of Kansas, which confirmed appellee debtors' plan over the bank's objection. On appeal, the appeal court answered a question raised by neither of the parties: may a bankruptcy court issue a ruling without explanation, and inform the parties that it will explain the legal and factual basis for its decision if, and only if, one of the parties appeals that decision?
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Court
:
Judge or Jurisdiction information not available
In re Reed
Apr
01
2009
Ruling
Reaffirmation of real estate loan with substantial balloon payment would impose undue hardship on debtor.
Procedural posture
The debtors sought approval of a reaffirmation agreement under which they wanted to reaffirm both an automobile loan and a real estate loan. The real estate loan had a substantial balloon payment.
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Court
:
- 11 U.S.C.
Ennis v. Green Tree Servicing LLC (In re Ennis)
Feb
25
2009
Ruling
Claim secured by mobile home which was personal property rather than real property under state law was not protected from modification.
Procedural posture
Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Virginia sustaining appellee creditor's objection to the debtors' chapter 13 plan. The bankruptcy court held that the creditor's claim, which was secured by a lien on the debtors' mobile home, was protected under 11 U.S.C.S. § 1322(b)(2) from modification because the mobile home was real property that was the debtors' principal residence.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Minardi
Jan
23
2009
Ruling
Reaffirmation agreement could not be approved absent counsel's required declaration regardless of liability concerns.
Procedural posture
The debtor moved for approval of a reaffirmation agreement. Debtor's counsel, however, refused to provide the declaration required by 11 U.S.C.S. § 524(c)(3).
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Court
:
- 11 U.S.C.
Melnor Inc. v. Corey (In re Corey)
Oct
06
2008
Ruling
Bankruptcy court properly held that default judgment for debtor's failure to appear at trial was nondischargeable.
Procedural posture
Defendant debtor challenged a decision of the Bankruptcy Court for the District of Kansas that found that defendant creditor's claim against him was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court granted summary judgment for the creditor because it concluded that a prior judgment that the creditor had obtained in federal district court in Virginia had determined that the debt was procured by fraud.
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Court
:
Judge or Jurisdiction information not available
In re Cleveland
Sep
30
2008
Ruling
Purchaser and servicer of unsecured bankruptcy receivables sufficiently established ownership of claims objected to by debtors.
Procedural posture
Claimants were engaged in the business of purchasing and servicing unsecured bankruptcy receivables through blanket assignments, and the claimants filed proofs of claim in debtors' bankruptcies. The debtors objected to the proofs of claim on the grounds that the claimants did not establish legal ownership of the debts and that the claims were unenforceable under state law.
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Court
:
- 11 U.S.C.
In re Hermesch Entities I
Aug
19
2008
Ruling
Claim for insurance premiums that were not part of postpetition transaction and did not benefit estate was not entitled to administrative expense status.
Procedural posture
The debtors filed for relief under chapter 12 of the Bankruptcy Code and a plan was approved. The creditor filed a motion for an administrative claim for reimbursement of insurance proceeds.
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Court
: