- 11 U.S.C.
Page v. Moore (In re Moore)
Feb
07
2007
Ruling
Personal loan from creditor was dischargeable absent proof of any false statements regarding alleged romantic relationship between the parties or debtor's financial condition.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2).
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Court
:
- 11 U.S.C.
In re Custom Servs. Intl Inc.
Jan
26
2007
Ruling
Bankruptcy court refused to reconsider denial of attorney's fees incurred defending venue where the filing in that venue was made in bad faith.
Procedural posture
Counsel for a debtor filed a motion to reconsider an order disallowing fees pursuant to 11 U.S.C. § 330(a)(4)(A) for the time he spent defending Nevada as a proper venue.
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Court
:
- 11 U.S.C.
Saylor v. Select Portfolio Servs. (In re Saylor)
Jan
12
2007
Ruling
Postpetition changes to debtor's existing mortgage account did not violate stay.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor alleging that the creditor assessed a number of fees to his account in violation of several provisions of the Bankruptcy Code. The creditor moved to dismiss.
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Court
:
- 11 U.S.C.
In re Hildreth
Dec
14
2006
Ruling
Creditor sanctioned for continuing to contact debtor in willful violation of stay.
Procedural posture
Chapter 13 debtors filed a motion seeking sanctions against a creditor for violating the automatic stay under 11 U.S.C. § 362(k).
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Court
:
- 11 U.S.C.
In re Love
Aug
30
2006
Ruling
Confirmation denied where plan included deductions for payments on secured debt which would be avoided by surrender of collateral.
Procedural posture
A chapter 13 case came before the court for a hearing on confirmation of the debtors'plan. The chapter 13 trustee objected to confirmation, contending that the plan failed to pay all of the debtors'projected disposable income.
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:
In re Custom Servs. Intl Inc.
Aug
17
2006
Ruling
Fee application denied due to attorney's undisclosed conflict of interest and application of second attorney reduced for excessive time.
Procedural posture
Two attorneys for a bankruptcy debtor applied for attorney fees and expenses. The chapter 7 trustee objected to the applications.
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In re Robinson Foundry Inc.
Aug
16
2006
Ruling
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
Procedural posture
Debtor filed a voluntary chapter 11 bankruptcy petition. After the deadline for filing a proof of claim had passed, a creditor moved to file an untimely proof of claim pursuant to Fed. R. Bankr. P. 3003(c)(3) and 9006(b)(1). The court held a hearing on the motion.
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Court
:
- 11 U.S.C.
In re Vinnie
Jun
23
2006
Ruling
Plan was confirmed over creditor's objection since section 1326(b)(1) did not require full payment of creditor's higher priority claim before paying other creditors.
Procedural posture
A state agency in charge of collecting child support on behalf of child support payees (agency) filed three claims for child support. The debtor's chapter 13 plan proposed to pay these claims in full, concurrently with other priority claims, including the debtor's attorney. The agency filed an objection to confirmation, claiming that its priority claims should be paid in full before distribution to any other priority creditor.
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Court
:
- 11 U.S.C.
Hataway v. Welch (In re Welch)
Jun
22
2006
Ruling
Ex-husband was granted summary judgment and fee award owed ex-husband was deemed nondischargeable.
Procedural posture
Plaintiff ex-husband filed a motion for summary judgment in his adversary proceeding alleging that the attorney's fees owed him by defendant debtor were excepted from discharge, pursuant to 11 U.S.C. § 523(a)(5).
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In re Berry
Apr
14
2006
Ruling
Motion for extension of automatic stay was denied since debtor did not file motion before stay had expired.
Procedural posture
After filing a chapter 13 bankruptcy petition, debtor moved for an extension or continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3).
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Court
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