In re Otworth
Oct
02
2015
Ruling
Debtor's objection to proof of claim overruled as based on arguments that had been rejected in prior litigation.
Issue(s)
Should mortgagee's proof of claim for tax liabilities be disallowed?
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Court
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In re Vaughn
Sep
02
2015
Ruling
Listing stale claim on schedules did not revive the claim, which must be disallowed.
Issue(s)
Could debtor object to timely proof of claim for debt that was scheduled by debtor on grounds that it was barred by the statute of limitations?
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Court
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In re Dilone
Jun
26
2015
Ruling
Creditor's late-filed proof of claim allowed as an amendment to timely proof of claim filed by debtor on creditor's behalf.
Issue(s)
Should creditor's late filed amendment of proof of claim timely filed on its behalf by debtor be disallowed?
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Court
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Miller v. Bodenstein (In re Peregrine Fin. Grp. Inc.)
May
13
2015
Ruling
Claims against trustee based on theft by debtor's founder and CEO were actually late-filed claims against the estate and were dismissed.
Issue(s)
Should proceeding against trustee for breach of fiduciary duty, common law fraud, unjust enrichment, and conversion, stemming from theft by debtor's founder and CEO, be dismissed as a time- barred proof of claim?
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Court
:
In re City of Detroit
May
08
2015
Ruling
Property owner's claims against debtor city disallowed due to operation of res judicata.
Issue(s)
Were creditor's claims based on debtor city's demolition of two homes barred by operation of res judicata?
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Court
:
SDIF Ltd. Pship 6 v. Northern Beef Packers Ltd. Pship (In re Northern Beef Packers Ltd. Pship)
Sep
22
2014
Ruling
Claim for yardage of clay fill provided by creditor allowed based on actual amounts paid to pit owners.
Issue(s)
What was the proper valuation of creditor's claim for yardage of clay fill provided to debtor?
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Court
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In re Galindez
Jul
31
2014
Ruling
Postconfirmation amended proof of claim disallowed as a collateral attack on debtor's plan.
Issue(s)
Whether the binding effect of a confirmed chapter 13 plan prevails over an amended claim deemed allowed under the claims allowance process?
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Court
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In re Catholic Diocese of Wilmington Inc.
Jul
16
2014
Ruling
Ministerial exception barred consideration of claim against debtor diocese by dismissed priest.
Issue(s)
Could priest removed from the ministry by debtor diocese bring a claim against the diocese for payment of pension and sustenance?
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Court
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Ganas v. Wells Fargo Bank N.A. (In re Ganas)
Jul
11
2014
Ruling
Debtor's fair debt collection claim against creditor based on filing of an erroneous proof of claim could only be brought as an objection to creditor's proof of claim.
Issue(s)
Could debtor assert a fair debt collection practices claim against creditor based on the creditor's filing of an erroneous proof of claim?
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Court
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Thompson v. Bronitsky
May
30
2014
Ruling
Debtor was not entitled to order compelling trustee to investigate a facially valid proof of claim.
Issue(s)
Did bankruptcy court err in denying debtor's motion to order trustee to investigate a proof of claim?
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Court
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