In re SageCrest II LLC
Dec
23
2015
Ruling
Claim based on unenforceable Canadian consulting agreement disallowed.
Issue(s)
Could claim based on Canadian consulting agreement be allowed?
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Court
:
- 11 U.S.C.
In re Dunne
Nov
25
2015
Ruling
Relief from stay granted to Irish official to continue prosecution of fraudulent transfer proceeding in Ireland against debtor's spouse.
Issue(s)
Was the automatic stay applicable to Irish official's proceeding in Ireland and if so should the stay be modified to allow the official to move forward?
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Court
:
- 11 U.S.C.
Cadle Co. v. Ogalin (In re Ogalin)
Oct
23
2015
Ruling
Discharge denied due to debtor's transfer of disposable earnings within one year of petition date and causing company to disregard wage execution order.
Issue(s)
Should debtor's discharge be denied due to efforts to evade wage execution and transfer of disposable earnings within one year of petition date?
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Court
:
In re Sapphire Dev. LLC
Jun
26
2015
Ruling
Chapter 11 case dismissed for bad faith.
Issue(s)
Was the timing of filing of debtor's chapter 11 case intended to hinder, delay or defraud creditors and should it be dismissed for bad faith?
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Court
:
- 11 U.S.C.
Skipp v. Brigham (In re Skipp)
Apr
24
2015
Ruling
Debt owed to guardian ad litem was a nondischargeable domestic support obligation.
Issue(s)
Was debt owed to guardian ad litem for debtor's minor children during divorce action a nondischargeable domestic support obligation?
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Court
:
- FRBP
In re First Conn. Consulting Group Inc.
Oct
09
2014
Ruling
Trustee's settlement approved where chapter 7 debtor lacked standing to object.
Issue(s)
Could trustee's settlement of debtor's dispute with creditor relating to joint venture be approved over debtor's objection?
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Court
:
- 11 U.S.C.
In re Churchill
Mar
06
2013
Ruling
Confirmation denied due to understatement of projected disposable income.
Procedural posture
Debtor moved for confirmation of his second amended plan. The chapter 13 trustee objected to confirmation of the plan, claiming that debtor understated his projected disposable income in violation of 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
Desormes v. Charlotte School of Law Inc. (In re Desormes)
Sep
19
2012
Ruling
Law school held not to have violated stay by attempting to collect student loan debt absent evidence of knowledge or damages suffered by debtor.
Procedural posture
Plaintiff chapter 7 debtor filed adversary proceedings against defendants, a law school and others, claiming that defendants violated the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when he declared bankruptcy, and seeking a determination that student loan debt be owed was dischargeable under 11 U.S.C.S. § 523(a)(8). The court consolidated the debtor's actions and tried his claims together.
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Court
:
- 11 U.S.C.
Aqua Scapes LLC v. Giaccio (In re Giaccio)
Sep
06
2012
Ruling
Debt was nondischargeable where debtor fraudulently induced creditor to perform work for which it could not pay.
Procedural posture
Plaintiff creditor brought a four-count complaint against defendant chapter 7 debtor under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(6) for an exception to the discharge of a debt, and a determination of the amount that non-discharged debt. Debtor denied the allegations and asserted a "Special Defense" of accord and satisfaction which the creditor denied. The matter was before the court for judgment.
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Court
:
- 11 U.S.C.
In re Derby Dev. Corp.
Jun
28
2012
Ruling
Vote for confirmation by mechanics' lienor that was organized by debtor disregarded as made in bad faith.
Procedural posture
A bankruptcy debtor proposed a plan of reorganization which a mechanic's lienor as the sole member of an impaired class of creditors voted to accept. A creditor moved to disregard the vote of the lienor as not voted in good faith pursuant to 11 U.S.C.S. § 1126(e).
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Court
: