McGee v. Green Tree Serv. LLC (In re McGee)
Apr
17
2007
Ruling
Stay lifted on payment default pursuant to agreement between debtor and creditor reimposed upon payment of outstanding amount.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor, asking the court to determine that the automatic stay of 11 U.S.C. § 362(a) was either still in effect; and/or, to reimpose the stay against the creditor's foreclosure attempt against the debtor's residence.
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Court
:
- 11 U.S.C.
In re Jones
Apr
17
2007
Ruling
Report to credit agency by creditor whose debt had been discharged did not violate discharge injunction.
Procedural posture
The debtor filed for relief under chapter 7. The debtor was granted a discharge and the case was closed. The debtor sought to reopen the closed case, pursuant to 11 U.S.C. §§ 350(b) and 524(a)(2), in order to seek sanctions from the credit union for an alleged violation of the discharge injunction.
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Court
:
- 28 U.S.C.
CIT Communs. Fin. Corp. v. Level 3 Communs. LLC
Mar
30
2007
Ruling
Lessor's breach of contract suit against purchaser of lessee debtor's lease was not related to bankruptcy.
Procedural posture
Plaintiff, a corporation that leased communications equipment to a company that later filed for bankruptcy, filed suit in state court against defendant, the purchaser of the lease, alleging breach of contract, unjust enrichment, and conversion. The purchaser removed the case to federal court and the leasing company filed a motion to remand the case to state court.
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Court
:
In re Roberts
Mar
29
2007
Ruling
Debtor's failure to make car payments due to incarceration was not due to bad faith and was not grounds for denial of confirmation.
Procedural posture
The issue of confirmation of debtor's proposed chapter 13 plan and creditor auto dealer's objection to confirmation on good faith grounds, pursuant to 11 U.S.C. § 1325(a)(3) and (7) was before the court. Debtor also objected to the classification of creditor's $5,136.16 claim.
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Court
:
- 11 U.S.C.
Butler v. United States Bankruptcy Court
Mar
26
2007
Ruling
Dismissal due to debtors'failure to pay filing fee upheld.
Procedural posture
Plaintiff debtors appealed a decision of the bankruptcy court, which dismissed the debtors'chapter 7 bankruptcy petition for failure to timely pay their filing fee under 11 U.S.C. § 707(a)(2) and denied their motion to reinstate the case.
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Court
:
Elite Equip. Inc. v. Cornutt
Mar
19
2007
Ruling
Bankruptcy court erred in requiring creditor to pierce corporate veil in dischargeability proceeding alleging fraud by individual debtor.
Procedural posture
Before the court was an appeal from an order by the Bankruptcy Court for the Northern District of Alabama entering judgment in favor of appellee debtor and against appellant on its complaint in an adversary proceeding.
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Court
:
- FRBP
In re Arnold
Feb
26
2007
Ruling
Trustee permitted to pay late filed secured claim provided there were no objections.
Procedural posture
Creditor, a homeowners'association, filed a motion to allow a late-filed proof of claim. Although no response opposing the motion was filed, nor did any party appear in opposition at the hearing, the court nevertheless had a concern whether a legal basis existed for granting the requested relief, and the court took the motion under advisement.
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Court
:
- FRBP
In re Nwonwu
Feb
23
2007
Ruling
Claims bar date could not be extended but late claim of homeowners' association could be paid absent objection.
Procedural posture
Debtor filed a voluntary petition for adjustment of her debts under chapter 13. After a modified repayment plan was confirmed, creditor homeowners association filed a motion to allow a late-filed secured claim.
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Court
:
- 11 U.S.C.
Chi Chiu v. Barnard (In re Barnard)
Feb
08
2007
Ruling
Stay continued in debtor's fourth case conditioned upon payment of postpetition rent and timely payment of future rents.
Procedural posture
Respondent debtor sought bankruptcy relief under chapter 13. Movant creditor sought relief from the automatic stay order to prosecute an unlawful detainer action for possession of real property that was rented by the debtor.
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Court
:
- 11 U.S.C.
Talley v. Alabama Dept of Public Safety
Jan
30
2007
Ruling
Suspension of driver's license for debtor's ongoing failure to pay fines was excepted from stay as a continuation of prior criminal proceeding.
Procedural posture
Appellant, a chapter 13 debtor, sought review of a decision of the bankruptcy court, which dismissed the debtor's adversary proceeding brought against appellees, the Alabama Department of Public Safety and a state official, alleging that the suspension of the driver's license of the debtor violated the automatic stay imposed by 11 U.S.C. § 362.
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Court
: