- 11 U.S.C.
In re S&Q Shack LLC
Apr
16
2009
Ruling
Answer, not motion to dismiss, is the proper pleading for contesting involuntary petition on basis of number of creditors.
Procedural posture
A petitioning creditor filed an involuntary petition commencing a chapter 7 case against debtor. The debtor answered, denying that the creditor was eligible to file the petition and that it was generally not paying its debts as they became due. The debtor moved to dismiss on the ground that the creditor lacked standing because the debtor had more than 11 creditors.
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Court
:
- 11 U.S.C.
In re Goodwin
Mar
11
2009
Ruling
Imprisonment was not an impairment that would justify a waiver of the financial managerial course requirement.
Procedural posture
A debtor filed for relief under chapter 7. The debtor filed a motion for waiver of the requirement to complete a financial management course, as required by 11 U.S.C.S. § 727.
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Court
:
- 28 U.S.C.
In re Sheppard
May
30
2008
Ruling
Bankruptcy court lacked jurisdiction over claims against lenders that were abandoned by trustee.
Procedural posture
A debtor had filed for relief under chapter 7 of the Bankruptcy Code and had obtained a discharge. The debtor filed a second motion to reopen the case to prosecute claims abandoned by a trustee for allegedly fraudulent activity perpetrated by various lenders.
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Court
:
Segell v. Letlow (In re Letlow)
Aug
08
2007
Ruling
Discharge denied due to false representations regarding ownership of retirement account and preferential payments into custodial account for children.
Procedural posture
Plaintiff objected to defendant chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(a)(2) and (a)(4).
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Court
:
Shuffler v. United Brotherhood of Carpenters & Joiners of Am. (In re Shuffler)
Aug
03
2007
Ruling
Picketing of debtor's restaurant by union did not violate stay.
Procedural posture
Plaintiff debtor claimed that picketing by defendant labor union outside a building housing debtor's restaurant was driving away debtor's customers and thus violated the stay imposed per 11 U.S.C. § 362(a). Debtor sought an injunction to end the alleged violation. Defendant sought dismissal for failure to state a claim, arguing that the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., deprived the court of jurisdiction to enjoin the picketing.
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Court
:
In re Leaks
Dec
21
2006
Ruling
Confirmation denied as debtor could not surrender vehicle to secured creditor in full satisfaction of debt where value of car was less than creditor's claim.
Procedural posture
The debtor moved for confirmation of his chapter 13 plan. The plan proposed to surrender a car in full satisfaction of the purchase money debt owed to creditor secured by that car, even though the car was worth less than the amount of the debt. The creditor, which obtained stay relief, repossessed the car, and sold it, objected to the plan because it did not provide for payment of the deficiency claim.
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Court
:
- 11 U.S.C.
Georgia Lottery Corp. v. Premji (In re Premji)
Sep
14
2006
Ruling
Debtor's failure to turn over lottery proceeds of which he was a fiduciary under state law rendered debt nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding complaint against defendant chapter 7 debtor seeking a determination that the debt owed to it by the debtor was nondischargeable under 11 U.S.C. § 523(a)(4). The creditor moved for summary judgment as to its claim.
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Court
:
In re Jordan
Sep
01
2006
Ruling
Attorneys' fees substantially reduced due to errors and unnecessary, non-beneficial work performed.
Procedural posture
Counsel to debtors in possession in this chapter 11 case sought court approval of his application for fees in the amount of $22,264.20 and reimbursement of expenses of $17.18.
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Court
:
Sheppard v. Wells Fargo Fin. Leasing Inc. (In re Sheppard)
Jul
12
2006
Ruling
Motion to dismiss by debtor in state court action against creditor with no counterclaim did not violate stay.
Procedural posture
Debtor had filed a state court action against creditor. In that action, the creditor answered but did not file a counterclaim. It moved to dismiss that lawsuit with prejudice. When it became apparent that the creditor intended to go forward on its motion to dismiss, the debtor filed the instant emergency motion to stay the state court action. The state court nevertheless went ahead with the hearing and granted the motion to dismiss.
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Court
:
- 11 U.S.C.
Mazda Am. Credit v. Brown (In re Brown)
Jul
07
2006
Ruling
Court denied creditor's administrative expense claim for excess mileage on leased vehicle since creditor did not show vehicle use preserved or benefitted debtors'estate.
Procedural posture
Pursuant to 11 U.S.C. § 503(a), creditor filed a motion for payment of an administrative expense for damages allegedly arising from the breach of a lease of a pickup truck that the creditor contended that the debtors assumed in their chapter 13 case. The debtors disputed that any such damages should be allowed as an administrative expense.
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Court
: