- 11 U.S.C.
Rocor Intl Inc. v. Pam American Life Ins. (In re Rocor Intl Inc.)
Mar
30
2007
Ruling
Payment to insurer within preference period was avoidable as provision of policy was not new value.
Procedural posture
Plaintiff bankruptcy estate filed an action under 11 U.S.C. § 547(b), seeking avoidance of a payment a debtor in bankruptcy made to defendant insurer. The bankruptcy court granted the insurer's motion for summary judgment, and the estate appealed.
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Court
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- 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
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- 11 U.S.C.
In re Gaylon
Mar
22
2007
Ruling
Deduction for payments due on home mortgage allowed regardless of intent to surrender residence.
Procedural posture
The United States Trustee ("UST") filed a motion, pursuant to 11 U.S.C. § 707(b)(1), (2), to dismiss a debtor's chapter 7 bankruptcy case based on the presumption of abuse.
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Court
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Lawrence Athletic Club v. Scroggin (In re Scroggin)
Mar
16
2007
Ruling
Bankruptcy court properly held that creditor's failure to take affirmative action to stop wage garnishment violated stay.
Procedural posture
Appellant creditor sought review of a judgment of the Bankruptcy Court for the District of Kansas, which awarded appellee debtor damages, attorney fees, and sanctions resulting from the creditor's willful violation of the automatic stay under 11 U.S.C. § 362(h). The debtor filed a motion to dismiss the appeal as moot.
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- 11 U.S.C.
In re Templeton
Mar
08
2007
Ruling
Amount of debtors'nondischargeable student loan debt established "special circumstances" rebutting presumption of abuse.
Procedural posture
The U.S. Trustee ("UST") moved to dismiss debtors'chapter 7 petition on grounds that they failed to rebut the presumption of abuse arising under 11 U.S.C. § 707(b)(2) by demonstrating "special circumstances."
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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
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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.
Smith v. Bridgman
Nov
14
2006
Ruling
Attorneys' fees awarded in action finding no common-law marriage existed between debtor and creditor was dischargeable.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that debt owed to her was nondischargeable under 11 U.S.C. § 523(a)(5), (6) and (15).
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Court
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