- 11 U.S.C.
Richardson v. PNC Mortg. (In re Richardson)
Sep
18
2015
Ruling
Debtor's objection to proof of claim was barred by plan confirmation.
Issue(s)
Should debtor's postconfirmation objection to proof of claim be sustained or overruled?
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Court
:
- 11 U.S.C.
In re Smith
Jul
16
2015
Ruling
Case dismissed as debtor kept and spent workers' compensation suit proceeds instead of turning them over to the trustee as called for in plan.
Issue(s)
Should case be dismissed due to debtor's conversion of proceeds from workers' compensation litigation to his own use, contrary to the terms of his confirmed chapter 13 plan?
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Court
:
- 11 U.S.C.
White v. First Fin. LLC (In re White)
Jun
26
2015
Ruling
Inducement of debtor to execute promissory note that included amount of original indebtedness violated the discharge injunction.
Issue(s)
Whether there is a violation of the discharge injunction when a creditor induces a borrower to execute a promissory note that includes a discharged indebtedness as a portion of its consideration.
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Court
:
- 11 U.S.C.
Maddox v. Capital One N.A. (In re Maddox)
May
15
2015
Ruling
Complaint in proceeding seeking damages for creditor's violation of discharge injunction stated a valid claim where creditor clearly sought to collect discharged debt personally from debtor.
Issue(s)
Whether a complaint alleging a violation of the discharge injunction that arose out of the filing of a fully secured proof of claim by a nonrecourse secured creditor, when that creditor had not repossessed its collateral after five years and had expressly reserved the right to seek a discharged deficiency balance, stated a claim for relief which survived a Fed. R. Civ. P. 12(b)(6) motion to dismiss.
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Court
:
- FRBP
Critten v. Quantum3 Grp. LLC (In re Critten)
Apr
10
2015
Ruling
Debtor had no private right of action for damages due to creditor's failure to comply with Rule 3001.
Issue(s)
Could debtor bring a private right of action against creditor whose claim was disallowed due to failure to comply with Rule 3001?
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Court
:
- 11 U.S.C.
Saggus v. Saggus
Mar
20
2015
Ruling
Debt to former spouse was not a nondischargeable domestic support obligation but a property settlement nor was it nondischargeable on grounds of fraud.
Issue(s)
Was debt owed to former spouse nondischargeable as a domestic support obligation or as resulting from false pretenses and a materially false statement?
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Court
:
- 11 U.S.C.
Owens v. KHEAA (In re Owens)
Jan
22
2015
Ruling
Student loan debts were nondischargeable where debtors had not made a good faith effort to repay.
Issue(s)
Were debtors entitled to a discharge of their student loan debts where they had made only four payments in 15 years?
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Court
:
- 11 U.S.C.
Owens v. KHEAA (In re Owens)
Jan
22
2015
Ruling
Student loan debts were nondischargeable where debtors had not made a good faith effort to repay.
Issue(s)
Were debtors entitled to a discharge of their student loan debts where they had made only four payments in 15 years?
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Court
:
In re McIntyre
Dec
23
2014
Ruling
Trustee could not sell shopping center property that was not property of the estate.
Issue(s)
Could trustee sell shopping center owned by debtor's land company free and clear?
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Court
:
- 11 U.S.C.
In re Foster
Dec
12
2014
Ruling
Confirmation denied due to failure to meet the best interests of creditors test.
Issue(s)
Could debtors' plan be confirmed where debtor's spouse who did not have an interest in property claimed a homestead exemption in the property?
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Court
: