- 11 U.S.C.
In re Merhi
Oct
10
2014
Ruling
Confirmation denied and case dismissed on feasibility grounds.
Issue(s)
Should secured creditor in chapter 13 case be granted relief from stay or should debtor's case be dismissed for cause?
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Court
:
- 11 U.S.C.
Sperry Assocs. Fed. Credit Union v. U.S. Bank (In re White)
Aug
14
2014
Ruling
Subordination of senior mortgage based on modification not justified where junior lien position was improved.
Issue(s)
Was junior lien holder entitled to declaratory judgment subordinating all or a portion of the senior mortgage on the debtor's real property to the junior mortgage?
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Court
:
- 11 U.S.C.
Agai v. Antoniou (In re Antoniou)
Aug
14
2014
Ruling
Fraudulent transfer to spouse's account warranted denial of discharge.
Issue(s)
Was creditor entitled to summary judgment in proceeding for denial of discharge on grounds that debtor diverted funds into spouse's account to defraud creditors?
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Court
:
- 11 U.S.C.
In re Richmond
Jul
17
2014
Ruling
Relief from stay granted in case filed to attack foreclosure judgment.
Issue(s)
Should relief from stay be granted in chapter 13 case of principal and sole shareholder of chapter 11 debtor, in order to allow creditor to proceed with foreclosure action in which both debtors were defendants?
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Court
:
McCord v. Sofer (In re Sofer)
Mar
13
2014
Ruling
Parking lot landlord lacked standing to seek damages against debtor for violation of stay.
Issue(s)
Was debtor liable to landlord of parking lot for continued operation of the parking lot in violation of the automatic stay and a bankruptcy court injunction?
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Court
:
- 11 U.S.C.
In re Cunningham
Mar
13
2014
Ruling
Relief from stay granted to creditor who did not receive notice of bankruptcy due to debtor's mistakes and bad faith.
Issue(s)
Could relief from stay be granted to secured creditor to validate postpetition foreclosure due to notice of bankruptcy having been served on creditor at an incorrect address?
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Court
:
- FRBP
Geltzer v. Original Soupman Inc. (In re Soup Kitchen Intl Inc.)
Feb
28
2014
Ruling
Trustee's settlement approved as above the lowest point in range of reasonableness under Iridium.
Issue(s)
Were benefits to the estate of trustee's settlement of claims relating to failure of involuntary debtor's soup business sufficient when balanced against likelihood of success to justify approval?
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Court
:
- 11 U.S.C.
In re 231 Fourth Ave. Lyceum LLC
Feb
28
2014
Ruling
Relief from stay granted where debtor could not meet plan obligations.
Issue(s)
Was plan proposed by single asset real estate debtor confirmable and if not was creditor entitled to relief from stay?
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Court
:
- 11 U.S.C.
Cerrato v. BAC Home Loans Servicing (In re Cerrato)
Jan
24
2014
Ruling
Proceeding to avoid prepetition foreclosure dismissed as conclusion of sale extinguished debtor's rights in the property.
Issue(s)
Could prepetition foreclosure of debtor's property be avoided.
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Court
:
- 11 U.S.C.
Krohn v. Burton (In re Swift)
Aug
05
2013
Ruling
Trustee could seek turnover of apartments in which estate had 50 percent despite passage of 18 years prior to filing motion.
Issue(s)
Could trustee seek turnover of debtor's 50 percent interest in apartments after passage of 18 years after default judgment denying discharge.
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Court
: