- 11 U.S.C.
In re Nunna
May
13
2014
Ruling
Abuse existed where debtors lived an above-standard lifestyle and had not modified their spending.
Issue(s)
Should case be dismissed under the totality of circumstances because debtor could redirect substantial 401(k) contributions and loan repayments to pay 100% of unsecured debt in the context of a Chapter 13 plan?
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Court
:
- 11 U.S.C.
In re Hudson
Feb
28
2014
Ruling
Trustee's motion to modify chapter 12 debtor's plan granted given debtor's receipt of financial assistance.
Issue(s)
Did debtors' receipt of postconfirmation financial assistance from U.S. Department of Agriculture, disclosed in late filed annual net disposable income statements required by chapter 12 plan, justify modification of plan by trustee?
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Court
:
- 11 U.S.C.
In re Howard
Feb
03
2014
Ruling
Debtor's failure to schedule insurance policy was the result of mistake or inadvertence and was not evidence of bad faith that would justify denial of discharge or dismissal.
Issue(s)
Did debtor's failure to disclose life insurance proceeds received just prior to petition date amount to bad faith so as to require denial of discharge?
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Court
:
- 11 U.S.C.
In re Adele Benjamin LLC
Dec
26
2013
Ruling
Relief from stay granted where case was filed in bad faith based on a two party dispute.
Issue(s)
Should relief from stay be granted where the value of mortgaged property is less than the debt owed to creditor, there are no other unsecured creditors, there is no equity in the debtor's property, the debtor has no employees and the case primarily involves a two-party disput.
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Court
:
- 28 U.S.C.
In re Penn-Mont Benefit Servs.
Dec
06
2013
Ruling
Venue changed where debtors were formed in another state and not registered to do business in filing state.
Issue(s)
Should venue of bankruptcy cases be changed where debtors were formed in another state and not registered to do business in the filing state.
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Court
:
- 11 U.S.C.
In re Beback
Sep
12
2013
Ruling
Trust and its trustee did not violate discharge injunction by commencing state court action absent knowledge of order for discharge.
Issue(s)
Did trust and its trustee violate the discharge injunction by filing state court suit to collect discharged debt.
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Court
:
In re Kennedy
Jun
27
2013
Ruling
Second lien stripped as first lien exceeded value of subject property.
Procedural posture
In this chapter 7 action, the debtor filed a motion to determine the secured status of claim no. 2 and to strip the lien effective upon discharge or closing of the estate. The creditor opposed the motion.
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Court
:
- FRBP
In re Evaluation Solutions LLC
Jun
27
2013
Ruling
Settlement of claims by company under security agreement after bank terminated master services agreement with debtor approved as efficiently resolving secured claims.
Procedural posture
Petitioners, a chapter 7 trustee and two creditors, filed a motion for approval of a settlement involving the creditors, a bank and a financial resources company. Respondent creditor filed objections. After conducting an evidentiary hearing, the court issued its findings of fact and conclusions of law. The debtors provided customized programs for mortgage services and lenders by a proprietary service platform dealing with real estate valuation.
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Court
:
In re Moody & Sons Inc.
May
16
2012
Ruling
Real estate development consultant's fee application denied to extent resulting from prepetition services.
Procedural posture
Prior to a debtor's bankruptcy petition, a real estate development consultant provided services to the debtor regarding marketing the debtor's real property, including resolving land use and zoning issues, and the consultant continued those services postpetition with the approval of the bankruptcy court. The consultant applied for compensation for its services as an administrative expense pursuant to 11 U.S.C.S. § 503(b).
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Court
:
In re Robinson
May
03
2012
Ruling
Postpetition accumulated equity in vehicles was not property of the estate.
Procedural posture
A chapter 7 trustee filed a motion to compel debtors to turn over property. The trustee contended that the debtors' post-petition accumulated equity in their vehicles, to the extent it exceeded any applicable exemptions, was property of the estate pursuant to 11 U.S.C.S. § 348(f).
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Court
: