- 11 U.S.C.
Lopez, In re--Viegelahn v. Lopez
Jul
31
2018
Ruling
Court affirmed that debtors were entitled to the return of homestead proceeds as they voluntarily dismissed their case. (5th Cir.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.
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:
Judge or Jurisdiction information not available
Cooper, In re
Jun
28
2018
Ruling
Attorney was entitled to payment of his administrative expense claim after dismissal ofdebtors' case. (Bankr. E.D. Mich.)
Issue(s)
Effect of Dismissal; Specific Effects.
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Court
:
Cooper, In re
Jun
28
2018
Ruling
Attorney was entitled to payment of his administrative expense claim after dismissal ofdebtors' case. (Bankr. E.D. Mich.)
Issue(s)
Effect of Dismissal; Specific Effects.
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Court
:
First Nat'l Bank of Oneida, N.A. v. Brandt
Apr
24
2018
Ruling
Court vacated district court's dismissal order and remanded for that court to determine to which extent the debtor's dismissal of his case without a discharge impacts the merits of a creditor's deficiency claims. (11th Cir.)
Issue(s)
Effect of Dismissal; Specific Effects
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:
Judge or Jurisdiction information not available
Czyzewski v. Jevic Holding Corp.
Mar
22
2017
Ruling
The Supreme Court ruled that a bankruptcy court did not have the legal power to order apriority-skipping kind of distribution scheme in connection with a chapter 11 dismissal.(Supreme Court)
Issue(s)
Effect of Dismissal; Specific Effects.
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Court
: Supreme 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.
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 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