- 28 U.S.C.
Grathwol v. Coastal Carolina Developers Inc. (In re Grathwol)
Feb
18
2014
Ruling
Adversary proceedings based on state law without discernible connection to bankruptcy case or confirmed plan were not "related to" bankruptcy.
Issue(s)
Did bankruptcy court have subject matter jurisdiction over three adversary proceedings
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Court
:
- 11 U.S.C.
Putnam v. IRS (In re Putnam)
Jan
14
2014
Ruling
Two year look-back period for nondischargeable tax debt was a limitations period subject to equitable tolling.
Issue(s)
Was two year look back period for tax debt arising from a late filed return tolled during the pendency of debtor's sequentially filed bankruptcy cases.
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Court
:
In re NCVAMD Inc.
Dec
31
2013
Ruling
State department of transportation violated stay by filing condemnation proceeding and demolishing debtor's building.
Issue(s)
Did condemnation and demolition of building by state department of transportation violate stay.
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Court
:
- 11 U.S.C.
In re Croc LLC
Dec
11
2013
Ruling
Case converted to chapter 7 due to debtor's managerial shortcomings, failure to maintain invoices or comply with reporting requirements.
Issue(s)
Should chapter 11 case be converted or dismissed due to diminution of the estate, absence of a reasonable likelihood of rehabilitation, gross mismanagement, failure to maintain insurance and postpetition payments for debts incurred pre-petition.
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Court
:
- 11 U.S.C.
Skumpija v. Warren (In re Skumpija)
Nov
19
2013
Ruling
Sale order set aside as estate's interest in avoided deed of trust was a general unsecured claim and trustee's sale would be subject to four superior liens with little benefit to the estate.
Issue(s)
Should trustee, stepping into shoes of holder of avoided deed of trust, be able to sell property that was subject to four prior liens.
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Court
:
In re Archway Homes Inc.
Oct
30
2013
Ruling
Debtor could not modify substantially consummated plan.
Issue(s)
Could debtor modify plan where it had made substantially all required transfers of real property and paid or dealt with all classes of claims included in the plan .
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Court
:
In re Eng
Oct
29
2013
Ruling
Motion to prohibit use of cash collateral denied.
Issue(s)
Was creditor entitled to order prohibiting use, as cash collateral, of profits or rental fees of corporate entity controlled by debtor that operated a business on debtor's land, which was subject to an assignment of rents clause in favor of creditor.
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Court
:
- 11 U.S.C.
In re Byers
Sep
24
2013
Ruling
Debtor could not take deduction for mortgage payment on property intended for surrender.
Issue(s)
Whether debtor was entitled to take the $3,340 mortgage payment deduction when completing his means test, where he intended to sell the Subject Property and not to make any payments toward that debt.
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Court
:
- 11 U.S.C.
In re Vanwart
Aug
27
2013
Ruling
Payment under prepetition settlement with mortgage company for deficient servicing and foreclosure practices was not property of the estate.
Issue(s)
Was debtor entitled to exemption in prepetition settlement with mortgage company over deficient foreclosure and servicing practices?
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Court
:
- 11 U.S.C.
In re Hubbell
Aug
23
2013
Ruling
Debtor's plan could modify interest rate on loan on principal residence maturing prior to due date of final plan payment.
Issue(s)
Whether 11 U.S.C.S. § 1322(c)(2) permitted modification of the interest rate accruing on a claim secured by a lien on real property serving as a debtor's principal residence.
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Court
: