In re Penn
Apr
02
2010
Ruling
Nonjudicial foreclosure against property owned by LLC of which debtor was sole owner was not subject to co-debtor stay.
Procedural posture
Movants, three creditors, filed a motion, opposed by debtor, to validate a foreclosure sale or, in the alternative, for relief from or annulment of the automatic stay ab initio.
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Court
:
- 11 U.S.C.
Duncan v. Bucciarelli (In re Bucciarelli)
Feb
22
2010
Ruling
Divorce attorneys' fees that debtor had admitted she never intended to pay were nondischargeable.
Procedural posture
Defendant debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code. Plaintiff attorneys filed a complaint against the debtor for the determination of the dischargeability of a particular debt, pursuant to 11 U.S.C.S. § 523(a)(2)(A), owed by the debtor. The court denied the debtor's summary judgment motion.
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Court
:
- 28 U.S.C.
Comfort Care Transp. Prods. LLC v. Advantage Funding Commer. Capital Corp. (In re Around Town Transp. Prods. LLC)
Dec
23
2009
Ruling
Dispute over ownership of vans that were not property of debtor's estate was not "related to" debtor seller's bankruptcy and was dismissed.
Procedural posture
Plaintiff, a purchaser of five vans from defendant debtor, an entity in the business of selling customized vans, filed a complaint seeking a determination as to the ownership of the vans. Before the court was a Motion to Dismiss Complaint, filed by defendant creditor.
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Court
:
- 11 U.S.C.
Grant v. Home Loan Servicing Inc. (In re Grant)
Dec
11
2009
Ruling
Debtor lacked standing to pursue prepetition causes of action which were property of the estate.
Procedural posture
Debtors brought this adversary proceeding seeking damages for alleged breach of contract and violations of the Truth in Lending Act. Defendants were a home loan servicer and a bank. Defendants moved for summary judgment. Plaintiffs failed to file a response to the motion and, therefore, the motion was deemed to be unopposed.
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Court
:
- 11 U.S.C.
In re Hugh
Nov
25
2009
Ruling
Conversion to chapter 7 denied where chapter 7 trustee would be unable to avoid first-in-right security interest to free up funds for distribution.
Procedural posture
Before the court was a motion to convert debtor's case from chapter 13 to chapter 7, filed by the trustee. Debtor opposed the motion.
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Court
:
In re Ronn Valley LLC
Nov
25
2009
Ruling
Chapter 11 case dismissed for cause due to debtor's substantial postpetition losses and low likelihood of rehabilitation.
Procedural posture
Movant creditor filed a motion to dismiss debtor's bankruptcy case for cause. Debtor opposed the motion.
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Court
:
- 11 U.S.C.
HBH Enters. v. Freeman (In re Freeman)
Nov
18
2009
Ruling
Proceeding seeking "reinstatement" of notes treated as seeking nondischargeability and dismissed for lack of supporting facts.
Procedural posture
In their complaint, plaintiff creditors sought "reinstatement" of promissory notes, personally guaranteed by defendant debtor, which the court construed to be a request that the debts represented by these notes not be discharged. Debtor filed a motion to dismiss the complaint.
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Court
:
- 11 U.S.C.
Godfrey v. IRS (In re Godfrey)
Aug
31
2009
Ruling
Increased tax assessment based on debtor's discharge of indebtedness in foreclosure was nondischargeable.
Procedural posture
Debtors filed an adversary proceeding against defendant Internal Revenue Service (IRS), seeking a determination that taxes the IRS assessed for tax year 2006 were dischargeable in bankruptcy. The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Chase Bank USA v. Bagby (In re Bagby)
Jun
23
2009
Ruling
Default judgment as to nondischargeability of credit card debt denied absent allegations of false representation by debtor.
Procedural posture
Plaintiff creditor brought an adversary complaint against defendant debtor, alleging that a credit card debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). When the debtor filed no responsive pleading, the creditor moved for a default judgment.
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Court
:
- 11 U.S.C.
In re Bolar
Nov
05
2008
Ruling
Outstanding debt relating to debtor's attempts to divide marital property with former spouse was not entitled to priority status.
Procedural posture
Debtor filed a petition under chapter 13 and a plan for repaying his creditors. The debtor's ex-wife filed a claim against the debtor's bankruptcy estate and an objection to confirmation of the debtor's plan. The debtor filed an objection to his ex-wife's claim.
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Court
: