In re Loe
Mar
29
2007
Ruling
Involuntary case filed against state's attorney by inmate he convicted of murder dismissed for bad faith.
Procedural posture
Debtor, an assistant state attorney, filed an emergency motion to dismiss an involuntary bankruptcy proceeding filed pursuant to 11 U.S.C. § 305(b) that had been filed against him by a purported creditor whose criminal conviction had resulted from a prosecution handled by the alleged debtor. At issue was whether the petition was properly dismissed as a bad faith filing.
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Court
:
- 11 U.S.C.
Dunn v. Quiepo (In re Quiepo)
Mar
23
2007
Ruling
Discharge denied due to debtor's failure to list maiden name in which she took title to certain property and due to unexplained loss of assets.
Procedural posture
Chapter 7 trustee sought denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4) and (a)(5).
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Court
:
- 11 U.S.C.
Simon Schindler & Sandberg LLP v. Gentilini (In re Gentilini)
Mar
12
2007
Ruling
Court ordered fees owed by debtor to former spouse's divorce counsel were dischargeable as not owed to spouse who was no longer obligated to the firm.
Procedural posture
Plaintiff law firm filed an action against defendant debtor, claiming that an attorney fee obligation to the law firm, which arose when the law firm represented the debtor's former spouse in divorce proceedings, was not dischargeable under 11 U.S.C. § 523(a)(5). The parties filed cross motions for summary judgment.
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Court
:
- 28 U.S.C.
In re Perez
Feb
27
2007
Ruling
Debtors just over financial threshold for waiver of filing fee granted extension of payment schedule.
Procedural posture
The debtors filed a motion for reconsideration of the court's order denying their application for a waiver of the filing fee for their chapter 7 case under 28 U.S.C. § 1930(f)(1).
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Court
:
- 11 U.S.C.
In re Miller
Feb
27
2007
Ruling
Repossession of debtor's car violated stay regardless of lack of notice to creditor.
Procedural posture
A chapter 13 debtor filed a motion for turnover of a vehicle repossessed by a creditor in violation of the automatic stay of 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
In re Zwirn
Feb
21
2007
Ruling
State court fraudulent transfer action was property of the estate.
Procedural posture
The chapter 7 trustee filed a motion to approve a settlement agreement with creditors. The underlying cause of action was brought in state court by a creditor (plaintiff creditor) against two defendant creditors and alleged a fraudulent transfer. A threshold issue was whether this fraudulent transfer claim was property of the bankruptcy estate.
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Court
:
- 11 U.S.C.
In re Pan Am. Hosp. Corp.
Feb
13
2007
Ruling
National Labor Relations Board filing of notice of unfair labor practice charge violated stay.
Procedural posture
The debtors obtained a court order to sell their property, and the court scheduled an in-court auction. The court issued a notice of opportunity to submit bids and qualified bidders were required to deliver fully executed asset purchase agreements. The regional director of the National Labor Relations Board ("NLRB") filed a notice of pendency of an unfair labor practice charge. The creditors'committee filed a motion to strike and sought sanctions.
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Court
:
- 11 U.S.C.
In re Quezada
Feb
07
2007
Ruling
Fully exempt homestead could not be sold by trustee to satisfy domestic support obligation.
Procedural posture
The chapter 7 trustee filed an objection to debtor's claimed homestead exemption, a request for authority to sell homestead to pay outstanding domestic support obligations, and a motion to compel turnover of documents.
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Court
:
- 11 U.S.C.
In re Schwarz
Jan
26
2007
Ruling
Property owned in tenancy by the entireties which was exempt from process under state law was also entitled to bankrupty exemption.
Procedural posture
A chapter 7 trustee filed an objection after a chapter 7 debtor claimed a homestead exemption in his Florida home, which he owned as a tenant by the entireties with his wife. The trustee argued that, pursuant to 11 U.S.C. § 522(b)(3)(A), Maryland law, rather than Florida law, determined the homestead exemption that the debtor could claim and that he could not claim a homestead exemption under Maryland law.
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Court
:
In re Weinraub
Jan
24
2007
Ruling
Tenant certificate requirement waived so that eviction proceedings against debtor were stayed.
Procedural posture
Chapter 13 debtors filed a motion to waive the requirements of 11 U.S.C. § 362(l) and confirm that the automatic stay was in effect as to creditor.
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Court
: