- 11 U.S.C.
In re Foster
Mar
21
2016
Ruling
Bankruptcy court would not order turnover of collateral to creditor where proper remedy was relief from stay.
Issue(s)
Whether to grant a creditor's motion for an order compelling physical surrender of its collateral.
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Court
:
- 11 U.S.C.
In re Elkouby
Feb
29
2016
Ruling
Where debtor indicated intent to abandon property, the property was abandoned back to debtor upon closing of case.
Issue(s)
What was effect of debtor's expressed intention to surrender property after closing of the case?
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Court
:
- 11 U.S.C.
In re Sann
Feb
10
2016
Ruling
Incarcerated debtor not entitled to a stay pending release from prison. (Bankr. D. Mont.)
Issue(s)
Should incarcerated debtor’s chapter 7 case be stayed until after debtor’s release from prison?
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Court
:
- 11 U.S.C.
In re Williamson
Nov
02
2015
Ruling
Secured creditor could not obtain order to compel debtor to redeem property securing debt or reaffirm the debt.
Issue(s)
Whether a creditor can obtain an order compelling debtors who wish to retain personal property subject to the creditor's security interest to either enter into a reaffirmation agreement or redeem the property?
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Court
:
- 11 U.S.C.
In re Trussel
Mar
05
2015
Ruling
Debtor could not be compelled to reaffirm debt in accordance with stated intention absent bad faith.
Issue(s)
Could debtor who had stated intention to surrender property be compelled to do so?
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Court
:
- 11 U.S.C.
In re Moran
Aug
26
2013
Ruling
Debtor ordered to compensate trustee for expenses incurred as a result of bad faith violation.
Issue(s)
Was trustee entitled to fees and expenses incurred in seeking to obtain debtor's compliance with bankruptcy court's turnover orders?
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Court
:
- 11 U.S.C.
In re Hoyle
Jun
28
2013
Ruling
Debtor in converted chapter 7 case not entitled to exemption in preconversion earnings by chapter 11 debtor in possession.
Procedural posture
After a bankruptcy debtor's case was converted from chapter 11 to chapter 7, the debtor claimed an exemption in a portion of amounts in accounts of the debtor as a debtor-in- possession (DIP) prior to conversion as earnings for the debtor's personal services. The bankruptcy trustee objected to the exemption.
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Court
:
- 11 U.S.C.
In re Caffey
Jun
24
2013
Ruling
Relief from stay to proceed against motor vehicle was unnecessary where stay had expired due to debtor's failure to file statement of intent.
Procedural posture
A creditor filed a motion for relief from the automatic stay and for abandonment with respect to a chapter 7 debtor's vehicle, which it repossessed the day before her case was commenced.
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Court
:
- 11 U.S.C.
In re Ervin
May
02
2013
Ruling
Debtor's failure to file statement of intention with regard to judicial lien impairing exemption did not preclude avoidance.
Procedural posture
This matter was before the court on debtor's motion to avoid the judicial lien of a lienholder.
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Court
:
- 11 U.S.C.
Stephenson v. Malloy
Oct
30
2012
Ruling
Debtor's inadvertent omission of cause of action from schedules did not bar trustee from pursuing case.
Procedural posture
The U.S. District Court for the Eastern District of Michigan granted summary judgment to defendants, a driver and the driver's employer, on debtor's negligence action, on grounds of judicial estoppel for the debtor's failure to list the suit as assets in his bankruptcy under 11 U.S.C.S. § 521(a)(1), denied the substituted plaintiff bankruptcy trustee's motion for reconsideration. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available