- 11 U.S.C.
Puerto Rico Elec. Power Auth. v. Rentas (In re PMC Mktg. Corp.)
Sep
23
2014
Ruling
Bankruptcy court erred in applying improper analysis of whether electricity supplied to debtor within 20 days of petition date was a "service" rather than a "good."
Issue(s)
Whether the bankruptcy court erred in concluding that the electricity a utility supplied to the debtor within the twenty days of the petition date was a "service" rather than a "good" entitled to receive priority treatment as an administrative expense under 11 U.S.C.S. § 503(b)(9).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Lanois
Sep
10
2014
Ruling
Plan proposing deferred payments to mortgagee but not including private mortgage insurance payments could be confirmed.
Issue(s)
Should confirmation of debtor's proposed second amended chapter 13 plan be denied on the grounds that the plan's proposed treatment of creditor's mortgage claim does not include payment for continuing private mortgage insurance?
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Court
:
- 11 U.S.C.
In re Diruzzo
Jul
23
2014
Ruling
Creditor ordered to disgorge five years of disbursements erroneously received under plan due to conflicting post-bar date orders.
Issue(s)
Was trustee entitled to disgorgement of five years of disbursements to creditor made as the result of a clerical error on the trustee's part, on the grounds that creditor's claim had been disallowed, despite a prior determination by the court allowing the claim following a hearing on a motion to modify the creditor's secured claim and confirmation of debtor's chapter 13 plan?
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Court
:
- 11 U.S.C.
Taylor v. Calise (In re Calise)
Jul
09
2014
Ruling
Debt was nondischargeable due to debtor's false representations regarding loan payoff and title to motorcycle.
Issue(s)
Was debt nondischargeable due to debtor's representation that he needed the money from the sale of a motorcycle to pay off a loan on the motorcycle and that once he did he would deliver the title to creditor purchaser?
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Court
:
- 11 U.S.C.
In re Demers
Jun
05
2014
Ruling
Loan servicer was not allowed to claim for fees and costs of foreclosure due to improper notice by lender.
Issue(s)
Whether loan servicer was entitled to payment of the disputed arrearage where it allegedly failed to provide a proper notice of default prior to acceleration and the commencement of foreclosure as required by the loan agreement?
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Court
:
- 11 U.S.C.
Kramer v. Bankowski (In re Kramer)
Mar
03
2014
Ruling
Confirmation properly denied as monthly payment on stripped mortgage could not be deducted by above median debtor from projected disposable income.
Issue(s)
Did bankruptcy court properly sustain trustee's objection to confirmation on grounds that debtors did not meet the "best efforts" test where they deducted payments on mortgage they proposed to strip off from their projected disposable income calculation?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sauer Inc. v. Lawson (In re Lawson)
Feb
03
2014
Ruling
Debt was dischargeable absent allegation of false representation.
Issue(s)
Whether a court should grant a chapter 13 debtor's motion to dismiss a creditor's 11 U.S.C.S. § 523(a)(2)(A) complaint in which the creditor did not allege a false representation by the debtor in connection with the debt but rather alleged actual fraud, based upon debtor's violation of the Rhode Island Uniform Fraudulent Transfer Act (UFTA), R.I. Gen. Laws § 6-16-1 et seq.
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Court
:
- 11 U.S.C.
In re Derocha
Jan
14
2014
Ruling
Judicial liens avoided as impairing exemption despite nonconforming motion and calculations.
Issue(s)
Should debtor be allowed to avoid judicial liens as impairing his property pursuant to unopposed motions which fail to comply with the requirements of the Bankruptcy Code or corresponding local rules 4003-2 and where debtors' counsel demonstrated confusion regarding the proper mathematical calculation to apply.
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Court
:
- 11 U.S.C.
In re Pichardo
Apr
03
2013
Ruling
Confirmation of plan including cram down denied due to court's opinion that valuation by licensed appraiser was more reliable than that by real estate broker.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their debts that reduced the balance of a secured claim a bank held against their residence to $100,000 and paid the debt at a modified interest rate of 4.25 percent per annum over the five-year term of their plan. The bank filed an objection to confirmation of the debtors' plan.
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Court
:
In re Murphy
Mar
06
2013
Ruling
Debtor's personal injury lawyer ordered to turn over settlement proceeds, which were not exempt, pursuant to original terms of plan.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their creditors. The court entered an order in November 2010 which confirmed the debtors' plan, and almost two years later the chapter 13 trustee filed a motion to modify the debtors' plan and the debtors filed a motion to modify the court's confirmation order. The court held hearings on the trustee's motion and the debtors' motion.
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Court
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