- 11 U.S.C.
In re Washington
Jun
17
2016
Ruling
Plan could be modified to include debtor’s right to exercise right of redemption.
Issue(s)
Whether a Chapter 13 debtor could, through his plan, redeem real property in his possession that was sold for taxes under state law after a tax purchaser was granted a tax deed.
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Court
:
Campbell v. Carruthers (In re Campbell)
Jun
14
2016
Ruling
Threatened garnishment by employee of law firm violated the automatic stay and entitled debtor to damages from the firm.
Issue(s)
Did law firm violate the automatic stay when its employee threatened debtor with garnishment?
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Court
:
- 11 U.S.C.
Johnson v. Sallie Mae Inc. (In re Johnson)
Jun
08
2016
Ruling
Undue hardship discharge of student loan debt denied where debtor’s situation was not likelyto persist and there had been no good faith efforts to repay. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
Kern v. Taylor (In re Taylor)
Jun
06
2016
Ruling
Debt was not excepted from discharge on grounds of fraud absent showing of benefit to debtor from creditor's lost right of redemption.
Issue(s)
debts in the amount of roughly $2 million allegedly owed by the Defendant are nondischargeable under 11 U.S.C. §§ 523 (a)(2)(A), (a)(2)(B), and (a)(4)?
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Court
:
- 11 U.S.C.
Brantley v. United States Dept of Educ. (In re Brantley)
May
17
2016
Ruling
Proceeding for undue hardship discharge of student loan debt dismissed where it was likely the case would be dismissed prior to discharge.
Issue(s)
Should debtor's proceeding seeking an undue hardship discharge of student loan debt be dismissed?
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Court
:
Vaughn v. Cent. Miss. Credit Corp. (In re Vaughn)
Mar
03
2016
Ruling
Debtor could recover attorneys' fees incurred in proceeding for violation of the automatic stay.
Issue(s)
Could debtor recover fees incurred in successful proceeding to establish a willing violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Porter-Dennis
Dec
17
2015
Ruling
Objection to confirmation sustained due to debtor's fraud in pawn transaction involving motor vehicle.
Issue(s)
Should confirmation be denied pursuant to creditor's objection to modification of its rights under two pawn contracts on the grounds that the plan was not proposed in good faith?
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Court
:
- 11 U.S.C.
Vaughn v. Cent. Miss. Credit Corp. (In re Vaughn)
Dec
02
2015
Ruling
Mistaken wage garnishment violated the automatic stay as it was not promptly corrected.
Issue(s)
Did wage garnishment mistakenly executed against debtor rather than another employee violate the automatic stay?
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Court
:
DePaola v. Sleepys LLC (In re Professional Facilities Mgmt.)
Oct
27
2015
Ruling
Creditor consented to adjudication of counterclaim, which was actually a claim against the estate, by the bankruptcy court.
Issue(s)
Was creditor entitled to a jury trial of counterclaim in proceeding brought by trustee?
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Court
:
In re Smith
Oct
05
2015
Ruling
Debtor's attorneys ordered to disgorge fees due to failure to list debtor's civil attorneys as creditors for their work on debtor's workers' compensation suit.
Issue(s)
Should debtor's bankruptcy attorneys be sanctioned for failing to list debtor's civil workers'compensation attorneys as creditors?
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Court
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