In re Gonzales
Jun
09
2015
Ruling
Discharge vacated where court had not been aware that debtor had not made all required payments to limited partnership.
Issue(s)
Should debtor's chapter 13 discharge be revoked due to failure to make required direct payments to limited partnership?
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Court
:
In re Coonfeld
Sep
25
2014
Ruling
Plan could not force lender to accept transfer of title to condominium on which ongoing assessments were dischargeable.
Issue(s)
Whether the debtors' plan can force mortgage lender to accept title and whether the debtors' plan can be confirmed if it does not provide for the payment of ongoing condominium assessments?
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Court
:
In re Furuiye
Apr
07
2014
Ruling
Conversion rather than dismissal ordered due to failure to make chapter 13 plan payments to bank.
Issue(s)
Whether debtors who fail to make direct payments to a creditor pursuant to the terms of a confirmed plan may obtain a discharge and whether that failure constitutes a material breach of the plan such that dismissal or conversion of debtors' case would be proper?
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Court
:
- 11 U.S.C.
Enigami Sys. v. Baca (In re Baca)
Feb
28
2014
Ruling
Nondischargeability under §1328(a)(4) was limited to natural, living individuals.
Issue(s)
Could corporate creditor claim nondischargeability of its claim for restitution or damages awarded in a civil action as a result of willful or malicious injury by the debtor pursuant to 11 U.S.C. § 1328(a)(4)?
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Court
:
- 11 U.S.C.
Bailey v. Digirolamo (In re Digirolamo)
Jan
17
2014
Ruling
Judgment for battery was nondischargeable.
Issue(s)
Were damages awarded in civil action for battery nondischargeable.
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Court
:
Reed v. Reed (In re Reed)
Jan
14
2014
Ruling
False certification of currency of child support payment was grounds for denial of discharge and refiling bar.
Issue(s)
Should debtor be denied a discharge due to failure to keep current on postpetition child support obligation and false certification of currency grounds.
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Court
:
- 11 U.S.C.
In re Weiss
Dec
19
2013
Ruling
Trust fund taxes were discharged absent allowed priority unsecured claim.
Issue(s)
Were prepetition IRS tax debts in a full payment chapter 13 case discharged.
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Court
:
In re Rogers
Jul
08
2013
Ruling
Unsecured deficiency claim arising from post-discharge default foreclosure was discharged in debtor's case.
Procedural posture
A credit union filed a motion seeking a determination that the discharge granted to the chapter 13 debtors did not extinguish their liability for a deficiency arising from a post- discharge default and foreclosure sale. The debtors asserted that the deficiency was not excepted from discharge under 11 U.S.C.S. §§ 1328(a), 1322(b)(5), and 1322(b)(2).
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Court
:
In re Yarbrough
Apr
11
2013
Ruling
Creditor ordered to evaluate debtor's mortgage for participation under Home Affordable Modification Program.
Procedural posture
Chapter 13 debtor filed a motion for an order that would require a creditor, who was the debtor's mortgage company, to evaluate the debtor's mortgage loan for participation under the Home Affordable Modification Program. The creditor argued that the court was without authority or jurisdiction to issue any order.
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Court
:
In re Young
Apr
29
2012
Ruling
Motion for discharge in chapter 13 case denied where debtors did not remit all disposable income during plan term.
Procedural posture
Chapter 13 debtors filed a motion for entry of discharge, arguing that they satisfied the payment obligations under their plan. The chapter 13 trustee opposed the motion.
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Court
: