- 11 U.S.C.
Rossi v. Celli (In re Rossi)
Sep
26
2008
Ruling
Stay pending appeal of dismissal due to lack of liklihood of success as necessary funding of chapter 13 plan had not occurred.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan was confirmed. In September 2008, the bankruptcy court dismissed the debtor's case. The bankruptcy court entered an order staying a county from evicting the debtor to allow the debtor to seek emergency relief with the court. The debtor sought a stay pending appeal of the dismissal of her chapter 13 case.
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Court
:
- 11 U.S.C.
In re Pearl
Sep
10
2008
Ruling
Debtor allowed to claim ownership expense on second vehicle owned free and clear.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to a plan the debtors proposed for repaying their creditors.
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Court
:
In re Hubel
Sep
08
2008
Ruling
Dismissal for failure to obtain required credit counseling upheld despite incarcerated debtor's inability to comply.
Procedural posture
Appellant debtor appealed from a letter decision and order of the Bankruptcy Court, denying his request for an exemption from the credit counseling requirement of 11 U.S.C.S. § 109(h).
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Court
:
- 11 U.S.C.
In re Sydlar
Aug
22
2008
Ruling
Debtor's share of proceeds of sale of former marital residence ordered turned over to estate once creditors' claims on proceeds were ruled null and void by state court.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. A trustee sought turnover of sale proceeds that had been given to a creditor after the debtor sold a premises in New Jersey. The proceeds had been transferred to the judgment creditors, who filed an objection to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Matusiak
Aug
20
2008
Ruling
Neither debtors' attorney nor creditors' attorneys were entitled to award of attorneys' fees in stay proceeding.
Procedural posture
Debtors requested an award of attorneys' fees in connection with their defense of a motion for relief from the stay filed by a creditor. The creditor's motion also sought attorneys' fees.
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Court
:
Deep v. Danaher
Aug
18
2008
Ruling
Bankruptcy court did not abuse discretion in enjoining debtor from filing pleadings without leave of court.
Procedural posture
Plaintiff brought an action against defendants, two chapter 7 trustees and two others. At issue in plaintiff's appeal was whether the bankruptcy court abused its discretion by acting pursuant to 11 U.S.C.S. § 105 to enjoin him from filing further pleadings in the bankruptcy court without obtaining prior leave of the bankruptcy court.
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Court
:
- 28 U.S.C.
Nash v. Gentile
Aug
06
2008
Ruling
Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.
Procedural posture
Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.
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Court
:
- 11 U.S.C.
In re Koch
Jul
25
2008
Ruling
Debtor not entitled to expense deduction for surrendered vehicles.
Procedural posture
The chapter 13 trustee objected to confirmation of the plan proposed by the debtor under 11 U.S.C.S. § 1325. The issue was whether payments on vehicles that the debtor planned to surrender as part of his chapter 13 plan could be used to reduce monthly disposable income calculated on Official Bankr. Form 22C.
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Court
:
In re Pole
Jun
12
2008
Ruling
Service of wage execution based on post-petition judgment despite notice of bankruptcy was a willful violation of stay.
Procedural posture
A debtor filed a motion against a creditor alleging that the creditor's post- petition collection activities violated 11 U.S.C.S. § 362(k). The debtor sought actual and punitive damages as well as attorney's fees.
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Court
:
- 11 U.S.C.
In re Paley
Jun
03
2008
Ruling
Confirmation of plans denied for lack of good faith in chapter 13 cases filed less than eight years afer chapter 7 discharges.
Procedural posture
Debtors filed separate voluntary petitions for relief under chapter 13 of the Bankruptcy Code, and plans for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estates, and she filed objections to the debtors' plans.
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Court
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