In re Davis
Apr
07
2015
Ruling
Debtors' attorneys properly sanctioned for acting in bad faith.
Issue(s)
Should attorneys be sanctioned for their surreptitious arrangement to collect fees and expenses from the debtor in this case and from debtors in at least 291 additional cases?
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Court
:
- 11 U.S.C.
Thomas v. Educational Credit Mgmt. Corp. (In re Thomas)
Dec
08
2014
Ruling
Debtor with good prospects for employment not entitled to an undue hardship discharge of student loan debt.
Issue(s)
Was unemployed debtor with degree in criminal justice entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
Owen v. Garrett Auto Sales LLC (In re Owen)
Sep
08
2014
Ruling
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
Issue(s)
Could debtor proceed against creditor for violation of stay by acting against motor vehicle that was property of the estate?
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Court
:
- 11 U.S.C.
In re Davidson
Aug
01
2014
Ruling
Motion to reopen case and proceed in forma pauperis denied.
Issue(s)
Could debtor reopen case and proceed in forma pauperis to have bankruptcy court hear debtor's state law dispute with her water company?
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Court
:
Morris v. Wells Fargo (In re Morris)
Jul
28
2014
Ruling
Loan servicer's inadvertent actions did not violate stay.
Issue(s)
Did a loan servicer's actions to initiate foreclosure process violate the automatic stay where its foreclosure lawyer did not receive notice of debtor's bankruptcy?
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Court
:
- 11 U.S.C.
In re Cain
Jul
09
2014
Ruling
Relief from stay to pursue speculative claim against debtor's insurance coverage denied.
Issue(s)
Was creditor entitled to relief from stay to pursue possible claim against debtor's homeowners'insurance policy?
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Court
:
- 11 U.S.C.
Nationwide Prop. & Cas. Co. v. Hunt
Jun
13
2014
Ruling
Debtor retained valid claim against insurer given that case was about to be dismissed without discharge.
Issue(s)
Was debtor's fire loss claim against insurer barred by judicial estoppel because he never identified a claim against the insurer in his bankruptcy filings?
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Court
:
First Sec. Bank & Trust Co. v. Vander Vegt
May
27
2014
Ruling
Family dairy farmer debtor could pursue alternative financing.
Issue(s)
Had family dairy farmer debtors established that they were entitled to pursue alternative financing by showing that they have been unable to obtain credit by any other means and that creditor bank's position was adequately protected?
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Court
:
- 11 U.S.C.
In re White
May
16
2014
Ruling
Debtor's plan modified to reflect nonexempt proceeds of life insurance policy on life of co- debtor spouse.
Issue(s)
Should the bankruptcy court sustain trustee's objection to debtor's amended claim of exemptions, claiming as exempt $50,000 in life insurance proceeds received postpetition following the untimely death of debtor's spouse, and allow modification of the debtor's confirmed chapter 13 plan to increase the base gross due under the plan?
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Court
:
- 11 U.S.C.
Kunstmann v. Aaron Rents Inc.
Apr
09
2014
Ruling
Five opt-in plaintiffs in FLSA class action were barred from pursuing claims due to failure to make proper disclosures in their bankruptcy cases.
Issue(s)
Were five employees barred from pursuing claims in FLSA class action due to failure to disclose the action in their respective bankruptcy cases?
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Court
: