- 11 U.S.C.
In re Aninao
Jul
27
2012
Ruling
Sanctions against debtor for noncooperation denied where problem was caused by ineffective communication between attorneys for trustee and debtor.
Procedural posture
A chapter 7 trustee filed a motion to compel and for sanctions, alleging that a debtor's failure to cooperate as required by 11 U.S.C.S. § 521(a)(3) caused unnecessary delay and expense to the estate.
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Court
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- 11 U.S.C.
In re Covel
Jul
03
2012
Ruling
Debtor could not be required to reaffirm secured debt despite statement of intent to do so.
Procedural posture
Debtor filed a petition under chapter 7, and a bank that held a secured interest in the debtor's home filed a motion for an order requiring the debtor to reaffirm a debt she owed on her home, redeem the property, or surrender the property. The court held a hearing on the bank's motion.
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Court
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- 11 U.S.C.
Samson v. Western Capital Partners LLC (In re Blixseth)
Jun
21
2012
Ruling
Stay terminated as to all personal property securing creditor's claim, not just scheduled property, where debtor failed to file a statement of intention.
Procedural posture
Appellant, the trustee in a chapter 7 case, filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362 against appellee creditor. The bankruptcy court denied the motion, and the United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed. The trustee appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Beard
Mar
14
2012
Ruling
Repossession did not violate stay where debtor failed to timely specify intention to reaffirm on original contract terms.
Procedural posture
A chapter 7 debtor filed a motion for sanctions against a creditor alleging that its repossession of her vehicle violated the automatic stay under 11 U.S.C.S. § 362(a). The debtor requested sanctions for damages incurred and an order directing the creditor to return the vehicle. The creditor alleged that the debtor's motion was filed in violation of Fed. R. Bankr. P. 9011 and requested reimbursement of its reasonable attorney's fees.
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Court
:
- 11 U.S.C.
In re Studstill
Dec
13
2011
Ruling
Tax refund held by debtor as cash on petition date was subject to turnover.
Procedural posture
A chapter 7 debtor sought to exempt the portion of a tax refund held as cash at the time she filed her bankruptcy petition under S. 12, 2011 Reg. Sess. (Kan. 2011), to be codified at K.S.A. 60-2315 (Senate Bill No. 12). The Trustee filed a motion for turnover and objected to the Amended Schedule C which listed that cash as exempt.
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Court
:
- 11 U.S.C.
In re Gentry
Nov
15
2011
Ruling
Statement of intention to surrender property did not prevent debtor from claiming exemption.
Procedural posture
A chapter 7 trustee objected to a debtor's amended claim of homestead exemption under Fla. Const. art. X, § 4(a)(1) on the grounds that the debtor, having indicated his intent to surrender the property on the petition date, was not eligible for the exemption on that date.
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Court
:
- 11 U.S.C.
In re Herrera
Jul
08
2011
Ruling
Stay terminated with respect to debtor's vehicle due to failure to timely perform indentation.
Procedural posture
This matter came before the court on a creditor's motion for relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay and debtor's cross-motion to redeem a motor vehicle under 11 U.S.C.S. § 722, from the creditor's lien.
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:
- 11 U.S.C.
In re Pulliam
Mar
31
2011
Ruling
Debtor held in contempt for failure to provide information to U.S. Trustee pursuant to court order.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion for an order requiring the debtors to show cause why they should not be held in contempt for violating the court's order to provide the UST with their son's address. The debtors filed an objection to the UST's motion.
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:
- 11 U.S.C.
In re Molnar
Dec
15
2010
Ruling
Motor vehicle lien creditor not entitled to confirmation of termination of stay due to failure to respond to debtor's intent to redeem.
Procedural posture
A secured creditor holding the security interest on the respondent chapter 7 debtor's vehicle, filed a motion to confirm termination of the automatic stay, pursuant to 11 U.S.C.S. §§ 521(a)(2) or (a)(6), and 362(h)(1); the debtor filed a motion to extend the automatic stay.
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Court
:
- 11 U.S.C.
Padilla v. Prestige Fin. (In re Padilla)
Nov
16
2010
Ruling
Repossession of car less than 14 days after grant of relief from stay did not violate stay where debtor did not file timely statement of intention.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a secured creditor and the creditor's agent, claiming that defendants' actions in repossessing the debtor's vehicle violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy. The creditor filed a motion to dismiss the debtor's claims and the agent joined in that motion.
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Court
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