In re Ruitenberg
May
07
2012
Ruling
Non-debtor spouse's claim for pending equitable distribution allowed.
Procedural posture
A claimant, debtor's estranged wife, filed a claim in debtor's bankruptcy case for her anticipated equitable distribution award. The trustee in debtor's case objected to the claim asserting that she did not have a prepetition right to payment since equitable distribution had not been determined.
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Court
:
- 11 U.S.C.
In re Zais Inv. Grade Ltd. VII
Aug
26
2011
Ruling
Junior noteholders could not contest involuntary petition and did not meet burden of showing cause for abstention.
Procedural posture
Senior noteholders filed an involuntary chapter 11 bankruptcy case against debtor, a Cayman Islands corporation, pursuant to 11 U.S.C.S. § 303(c), the court entered an order for relief after the debtor failed to contest the petition. Movant junior noteholders filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112, urged the court to abstain from hearing the case pursuant to 11 U.S.C.S. § 305(a)(1).
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Court
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Collier v. Goepp (In re Goepp)
Aug
16
2011
Ruling
Debt arising from loans made by elderly family member to debtor who was the lender's attorney-in-fact was nondischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that debts arising from a series of loans he made to the debtor were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
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Court
:
- 11 U.S.C.
In re Amos
Jun
28
2011
Ruling
Confirmation of plan including no payments to unsecured creditors while making payments on vacation home loan denied for lack of good faith.
Procedural posture
Chapter 13 debtors sought confirmation of a plan under that proposed to cure the arrearage on a mortgage loan secured by a vacation home, while also maintaining substantial monthly payments on only the first mortgage on that property. The plan proposed to make no payments to unsecured creditors, and the second mortgage creditor objected to the plan as not brought in good faith under 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
Dobin v. Sheehan (In re Eight Bulls LP)
Nov
18
2010
Ruling
Trustee could avoid deeds recorded nearly one year after petition date.
Procedural posture
Plaintiff Chapter 7 trustee filed a motion for summary judgment in an adversary proceeding against defendants, who claimed an interest in debtor's property, seeking to avoid defendants' interests pursuant to 11 U.S.C.S. § 544.
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Court
:
In re Etoll
Mar
05
2010
Ruling
Trustee could not sell entireties property after death of debtor vested property in non-debtor spouse.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against defendant, the surviving spouse of the debtor, seeking approval to sell residential real property under 11 U.S.C.S. § 363(h).
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Court
:
In re Buccolo
Nov
25
2008
Ruling
Reconversion from chapter 7 to chapter 13 denied as proposed plan was not filed in good faith and was not feasible.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and subsequently obtained permission to convert her case to one under chapter 7. The debtor filed a motion under 11 U.S.C.S. § 706(a), seeking permission to reconvert her chapter 7 case to a chapter 13 case. The chapter 7 trustee and a creditor objected to the debtor's motion, questioning the debtor's good faith and the feasibility of her chapter 13 plan.
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Court
:
- 11 U.S.C.
Dobin v. Hill (In re Hill)
May
09
2006
Ruling
Transfers to spouse in divorce settlement were deemed avoidable fraudulent transfers since the transfers disproportionately favored the spouse and were intended to deprive creditors of assets.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant, the former spouse of a bankruptcy debtor, seeking to avoid transfers from the debtor to the spouse in a divorce settlement as fraudulent transfers under 11 U.S.C. § 548(a)(1)(A). The trustee asserted that the settlement was disproportionately favorable to the spouse and was intended to deprive creditors of the debtor's assets.
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Court
:
- 11 U.S.C.
In re Steward
Feb
24
2006
Ruling
Co-op association and its attorney violated the automatic stay by continuing to pursue the removal of the debtor as executor of a probate estate in state court.
Procedural posture
The debtor moved pursuant to 11 U.S.C. § 362(a) for a determination that a co-op association and its attorney were in violation of the automatic stay by continuing to pursue the removal of the debtor as executor of a probate estate in state court. The violation was willful and warranted an award of attorney's fees and costs.
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Court
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