- 11 U.S.C.
In re Webb
Feb
22
2007
Ruling
Direct payment to student loan creditors allowed under plan for benefit of unsecured creditors.
Procedural posture
The debtors moved for confirmation of their chapter 13 plan in which they proposed to make regular monthly payments directly to their student loan creditors with a one percent payout to all other unsecured creditors. The chapter 13 trustee filed objections to confirmation on the grounds that the direct payments to the student loan creditors discriminated unfairly against the other unsecured creditors in violation of 11 U.S.C. § 1322(b)(10).
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- 11 U.S.C.
Ampel v. Ampel (In re Ampel)
Sep
28
2006
Ruling
Former spouse's deductions from monthly alimony payments to debtor were impermissible setoffs in violation of stay.
Procedural posture
Movant husband sought relief from the automatic stay to obtain a determination in state court of dischargeability under 11 U.S.C. § 523(a)(5) of certain obligations of his ex- wife, respondent, debtor. That motion was denied, but in connection with the motion, the husband may have violated the automatic stay when he continued postpetition to deduct from the debtor's monthly alimony payments amounts to repay certain debts owed by the debtor.
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:
- 11 U.S.C.
Guerra v. Ampel (In re Ampel)
Sep
26
2006
Ruling
Guardian ad litem fees were in the nature of support and and nondischargeable.
Procedural posture
Plaintiff attorney filed a motion for summary judgment on her adversary complaint alleging that her claim for guardian ad litem fees was nondischargeable under 11 U.S.C. § 523(a)(5). The debtor filed a motion for sanctions.
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:
- FRBP
Wells Fargo Bank v. Alexander (In re Alexander)
Aug
23
2006
Ruling
Motion for stay pending appeal of order for relief from stay absent facts supporting likihod of success.
Procedural posture
Respondent debtor filed a motion for a stay pending appeal of an order, which granted movant creditor's request for relief from the automatic stay and for in rem relief.
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Goodman v. GMAC Mortgage (In re Turner)
Aug
14
2006
Ruling
Creditor was not entitled to payment of attorneys' fees from excess foreclosure proceeds where fees were attributable to creditor's inefficiency and incompetency.
Procedural posture
Movant chapter 13 trustee filed a motion seeking guidance as to the disbursement of the excess funds from the foreclosure sale of a debtor's property. Respondent creditor sought payment of its second mortgage from the foreclosure proceeds.
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- 11 U.S.C.
Am. Express Ceturion Bank v. Chowdhury (In re Chowdhury)
Apr
11
2006
Ruling
Creditor was granted motion for default judgment since debtors lacked ability to pay credit card charges at time they made them and subsequently.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor filed a motion for default judgment.
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Anderson v. Sandstone Estates LLC (In re S & W Intl Food Specialies Inc.)
Apr
10
2006
Ruling
Transfer was deemed fraudulent, and trustee was entitled to recover from home builder, which was deemed initial transferee.
Procedural posture
Plaintiff chapter 7 trustee's filed an adversary proceeding against defendant home builder seeking to avoid a fraudulent transfer pursuant to 11 U.S.C. § 548 and to recover funds pursuant to 11 U.S.C. § 550. The home builder filed a motion for partial summary judgment contending that it was not an initial transferee under section 550(a). The Trustee filed a cross-motion for summary judgment.
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Ryan v. Reynolds (In re Reynolds)
Apr
05
2006
Ruling
Home owners'motion for summary judgment was denied since state court judgment against contractor did not establish nondischargeability.
Procedural posture
Plaintiff property owners brought an adversary proceeding against defendant bankruptcy debtor who was a construction contractor, seeking a determination that the owners'state-court judgment against the debtor for failing to pay a supplier of the debtor from funds provided by the owners was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The owners moved for summary judgment.
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:
- 11 U.S.C.
In re Champion-Lee
Apr
04
2006
Ruling
Court granted debtor's motion to convert case over trustee's claim of debtor bad faith since it appeared debtor could propose confirmable plan and conversion was in best interests of creditors.
Procedural posture
Petitioner debtor filed a motion to convert his chapter 7 case to a chapter 13 case. Respondent chapter 7 trustee objected to the conversion, asserting that the debtor's motion to convert and chapter 13 plan were not proposed in good faith under 11 U.S.C. § 1325(a)(3).
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- 11 U.S.C.
Warner Mayoue Bates & Nolen P.C. v. Cook (In re Cook)
Mar
17
2006
Ruling
Law firm owed fees for representating debtor in divorce proceeding lacked standing to assert nondischargeability claim under section 523(a)(15).
Procedural posture
Plaintiff law firm brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor owed fees for the firm's representation of the debtor in her subsequently dismissed divorce proceedings, and that the debt was nondischargeable under 11 U.S.C. § 523(a)(15). The debtor moved for summary judgment on the ground that the firm lacked standing to pursue nondischargeability under section 523(a)(15).
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