- 11 U.S.C.
In re Bennitt
Jan
30
2013
Ruling
Debtors held in contempt for failure to comply with show cause order.
Procedural posture
A chapter 7 trustee applied for an order to show cause why the debtors should not be held in contempt of court for failure to comply with a consent order resolving the U.S. Trustee's order to show cause against the debtors for failure to comply with a consent order requiring turnover of estate assets in the form of insurance proceeds.
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Court
:
- 11 U.S.C.
In re Manstone Countertops LLC
Jan
17
2013
Ruling
Attorney removed as counsel for jointly administered chapter 11 cases due to failure to obey court directives.
Procedural posture
The court entered an order directing an attorney to show cause why he should not be removed as counsel for jointly administered chapter 11 cases.
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Court
:
In re Jenkins
Jan
02
2013
Ruling
Debtor awarded damages for former spouse's violation of injunction and stay by having debtor arrested for child support arrearage at § 341 hearing.
Procedural posture
A chapter 7 debtor filed a motion pursuant to 11 U.S.C.S. §§ 105(a) and 362(h) asking that a county and his former wife be held in civil contempt for violating both a prior order of the court granting an injunction restraining the county and the former wife from taking any action to enforce collection of pre-petition child support arrears and the automatic stay provisions.
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Court
:
- 11 U.S.C.
In re Oliver
Oct
22
2012
Ruling
Debtor's attorneys ordered to hire CPA to audit business as a result of seeking to pay filing fee in installments without debtor's authorization.
Procedural posture
In a chapter 13 bankruptcy case, the court issued an order sua sponte which required the debtor's counsel to appear and show cause why he should not be sanctioned for failure to properly represent the debtor. The court instructed the United States Trustee ("UST") to investigate allegations the debtor made against her attorney, instructed the debtor to obtain new counsel, and scheduled a second hearing pending receipt of the UST's report.
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Court
:
- 11 U.S.C.
In re Bradley
Oct
19
2012
Ruling
Company and owner held in contempt for failing to comply with wage withholding order.
Procedural posture
The court issued an order to show cause, directing a corporate representative of a management company to appear before the court and show cause why they were not in contempt for failing to comply with the court's wage order directing the company to withhold a certain amount per month from a debtor's wages and to forward those amounts to the chapter 13 trustee.
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Court
:
In re Larson
Aug
31
2012
Ruling
Discharged debtor could rescind reaffirmation agreement nunc pro tunc and obtain discharge of debt where creditor repossessed collateral shortly after case was closed.
Procedural posture
Debtor filed a petition under chapter 7 and asked the court to approve an agreement which reaffirmed a debt he owed to a creditor on a motor vehicle. The court approved the agreement and discharged the debtor on March 13, 2012, and on April 16, 2012, the debtor filed a motion to reopen his bankruptcy case and asked the court to rescind the agreement. The court held hearings on the debtor's motion.
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Court
:
Malley v. Agin
Aug
15
2012
Ruling
Bankruptcy court lacked authority to surcharge debtor's interest in exempt property due to willful concealment of funds.
Procedural posture
Appellant, a debtor in a chapter 7 liquidation proceeding, appealed from the United States Bankruptcy Court for the District of Massachusetts an order issued in reliance on 11 U.S.C.S. § 105(a) surcharging his interest in property listed as exempt. The debtor challenged the surcharge as exceeding the equitable power granted by § 105(a).
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Court
:
Judge or Jurisdiction information not available
Hann v. Educational Credit Mgmt. Corp. (In re Hann)
Aug
07
2012
Ruling
Bankruptcy court properly sanctioned student loan creditor, with claim valued by court at zero, for ongoing collection efforts.
Procedural posture
Creditor challenged orders from the U.S. Bankruptcy Court for the District of New Hampshire that granted summary judgment in favor of plaintiff debtor based on the creditor's post-discharge efforts to collect a fully paid student loan obligation, that denied the creditor's cross- motion for summary judgment, and that imposed sanctions on the creditor under 11 U.S.C.S. § 105.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Nemec
Jul
10
2012
Ruling
Stay could not be extended to cover actions against property owned by debtor's solely owned entity to recover non-consumer debt.
Procedural posture
A creditor sought to modify the automatic stay in order to proceed with a foreclosure petition against property owned by an entity of which a chapter 13 debtor was the sole shareholder. The debtor objected, asserting that a pending buyout of the real estate would benefit the creditor and other creditors.
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Court
:
- 11 U.S.C.
In re Casseday
Jul
10
2012
Ruling
Debtor's exemptions forfeited on grounds of bad faith.
Procedural posture
In a voluntary chapter 7 case, the Trustee filed an objection to the debtor's exemptions.
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Court
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