Chase Bank USA v. Nelms (In re Nelms)
Jul
24
2014
Ruling
Debt to credit card company was nondischargeable due to massive fraud.
Issue(s)
Was debt nondischargeable where debtor operated a fraudulent debt settlement scheme under which he discouraged consumers from paying monthly minimums to Chase Bank on the promise that he would negotiate a reduction in the debt or settle the debt in full, collecting millions of dollars in fees but making no attempts to actually settle or pay the consumers' debts?
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Court
:
Parker v. Credit Cent. South Inc.
Feb
11
2014
Ruling
Damages awarded for creditor's knowing pursuit of civil action against debtor in violation of stay.
Issue(s)
Was debtor entitled to damages for creditor's pursuit of civil action despite notice of bankruptcy?
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Court
:
In re Murphy
Feb
06
2014
Ruling
Funds on hand with chapter 13 trustee upon conversion or dismissal were property of debtor.
Issue(s)
What is the proper disposition of funds held by chapter 13 trustee after conversion to chapter 7 or dismissal?
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Court
:
( Judge Williams ) [ Bankruptcy Court ]
- 11 U.S.C.
McLean v. Green Point Credit LLC (In re McLean)
Nov
08
2013
Ruling
Creditor violated discharge injunction by seeking payment of same deficiency balance that was basis of claim in debtor's prior bankruptcy.
Issue(s)
Did creditor violate discharge injunction by filing proof of claim for deficiency balance that was the basis for a claim that was discharged in debtor's prior bankruptcy.
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Court
:
In re Bryan
Sep
03
2013
Ruling
Trustee's sale of estate property approved absent substantive objection by debtor.
Issue(s)
Could debtors, whose final bid on estate property sold by trustee did not meet or exceed the highest bid at sale, make another "final" bid through an objection to the sale.
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Court
:
- 11 U.S.C.
In re McLemore
Jul
16
2013
Ruling
Untimely motion to extend stay in debtor's second case denied.
Procedural posture
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3).
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Court
:
DePaola v. Dorsey (In re Dorsey)
Jun
08
2011
Ruling
Discharge denied due to debtor's false statements and accounts and concealment.
Procedural posture
In this Chapter 7 case, the Trustee objected to the debtor's discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(B), (a)(3), (a)(4)(A) and (a)(4)(D), and sought avoidance of certain transfers.
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Court
:
- 28 U.S.C.
In re Coleman
Feb
22
2011
Ruling
Waiver of filing fee denied due to debtor's ability to pay fee in installments.
Procedural posture
A chapter 7 debtor filed an application for waiver of the filing fee under 28 U.S.C.S. § 1930(f)(1). The Bankruptcy Administrator filed an objection to the debtor's request to proceed in forma pauperis and have her fee waived, arguing that the application to waive the filing fee should be denied because the debtor could use the monies from her tax refund to pay the filing fee.
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Court
:
- 11 U.S.C.
In re Watts
Feb
08
2011
Ruling
Fees related to debtor's unsuccessful objection to a creditor's claim and opposition to confirmation of the plan proposed by the unsecured creditor's committee approved as ultimately benefitting the estate and other creditors.
Procedural posture
A creditor filed an objection to an application for professional compensation made by an attorney for a debtor in possession, contending that some of the services benefited only the debtor but not the estate.
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Court
:
- 11 U.S.C.
Gravely Chiropractic PC v. Silverman (In re Silverman)
Nov
05
2010
Ruling
Debts to mortgagee and chiropractic business to which debtor sold the encumbered property without disclosing mortgage were nondischargeable.
Procedural posture
A bank and a chiropractic business filed a complaint against debtor, seeking a determination that certain claims against the debtor were excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
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