Movant v. McGill (In re McGill)
Nov
17
2016
Ruling
Debtors’ failure to produce documents and appear at examinations resulted in dismissal withprejudice. (Bankr. M.D. Ga.)
Issue(s)
Effect of Dismissal; Subsequent Filings.
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Court
:
- 11 U.S.C.
In re Bateson
Jun
23
2016
Ruling
Funds held by chapter 13 trustee ordered released to debtor upon dismissal.
Issue(s)
Whether a Chapter 13 trustee exceeded his authority when he disbursed $16,614.96 he was holding to four entities that were creditors under the debtor's bankruptcy plan after the debtor dismissed her bankruptcy case, instead of returning those funds to the debtor.
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Court
:
- 11 U.S.C.
Parker v. Parker (In re Parker)
May
26
2016
Ruling
Funds paid to chapter 13 trustee revested with debtor upon dismissal and were subject to garnishment.
Issue(s)
Were funds held by chapter 13 trustee subject to garnishment after dismissal?
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Court
:
In re Hanson
Mar
03
2016
Ruling
Property surrendered, foreclosed and transferred to third party could not be revested with debtor.
Issue(s)
Should claim allegedly satisfied by debtor's prior surrender of property, that was subsequently foreclosed and sold, be allowed over debtor's objection?
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Court
:
- 11 U.S.C.
In re Edwards
Sep
22
2015
Ruling
Undistributed property held by chapter 13 trustee had to be distributed to debtors upon dismissal.
Issue(s)
Whether post-petition property and wages in the trustee's possession at the time of dismissal of a chapter 13 case had to be distributed to creditors in accordance with the chapter 13 plan or returned to the debtor.
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Court
:
- 11 U.S.C.
Sneed v. Resurgent Capital Servs. LLC (In re Sneed)
Apr
30
2015
Ruling
Court declined to alter the effect of dismissal on related pending adversary proceedings.
Issue(s)
Should the bankruptcy court maintain jurisdiction over debtor's adversary proceeding after dismissal of the underlying bankruptcy case?
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Court
:
- 11 U.S.C.
In re Weatherspoon
Jan
03
2014
Ruling
Postpetition funds in trustee's hands revested with debtor after postconfirmation dismissal and could not be paid to debtor's counsel.
Issue(s)
Should postpetition funds in hands of trustee on dismissal of chapter 13 case be paid to debtor or to debtor's counsel.
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Court
:
- 11 U.S.C.
In re Advanced Computer Tech. Act Inc.
Oct
15
2013
Ruling
Bankruptcy court lacked jurisdiction to consider post-discharge claim for attorneys' fees.
Issue(s)
Could court rule on post-dismissal application for attorneys' fees which were not requested in original motion to dismiss.
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Court
:
- 11 U.S.C.
In re Perman
Sep
18
2013
Ruling
Confirmation denied due to provision that estate property would be disbursed to debtor's attorney in event of dismissal.
Issue(s)
Could debtor's plan propose to set aside projected attorneys' fees for disbursement to debtor's attorney upon confirmation or dismissal.
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Court
:
Wells Fargo Bank v. Oparaji (In re Oparaji)
Oct
05
2012
Ruling
Judgment that creditor was estopped from collecting amounts claimed in debtor's first dismissed case reversed.
Procedural posture
In a 2nd bankruptcy, appellee debtor challenged appellant mortgagee creditor's proof of claim that included pre-petition arrearages and escrow advances, claiming the creditor was judicially estopped from claiming any amounts that could have been, but were not, claimed in the 1st bankruptcy. The U.S. District Court for the Southern District of Texas affirmed the bankruptcy court's grant of summary judgment to the debtor. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available