- 11 U.S.C.
In re Busche
Oct
27
2015
Ruling
Debtor's attorney ordered to disgorge fees due to failure to investigate debtor's finances and failure to attend first meeting of creditors.
Issue(s)
Whether debtor's counsel should be ordered to disgorge fees for violations of his duty to investigate debtors' financial affairs?
ABI Membership is required to access the full summary of In re Busche Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vaughn
Sep
02
2015
Ruling
Listing stale claim on schedules did not revive the claim, which must be disallowed.
Issue(s)
Could debtor object to timely proof of claim for debt that was scheduled by debtor on grounds that it was barred by the statute of limitations?
ABI Membership is required to access the full summary of In re Vaughn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Vieira v. McGrath (In re McGrath)
Jun
12
2015
Ruling
Mortgage properly executed and recorded under state law standards could not be avoided.
Issue(s)
Whether to grant a creditor's motion to dismiss that count of trustee's complaint seeking to avoid the creditor's lien pursuant to 11 U.S.C.S. § 544(a) on the grounds that the creditor's mortgage was invalid as to a bona fide purchaser because the mortgage document did not comply with S.C. Code Ann. § 30-5- 30.
ABI Membership is required to access the full summary of Vieira v. McGrath (In re McGrath) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ingram
May
14
2015
Ruling
Debtor could not reopen chapter 13 case to propose amended plan where 60-month limitations period had expired.
Issue(s)
Could debtor reopen chapter 13 case more than one year after completion of plan in order to schedule previously undisclosed cause of action and avoid dismissal of civil case?
ABI Membership is required to access the full summary of In re Ingram Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Cain
Apr
30
2015
Ruling
Stay was inapplicable to property in which debtor could not demonstrate she had a legal or equitable interest.
Issue(s)
Did the automatic stay apply to prevent foreclosure of property allegedly subject to a constructive trust in debtor's favor?
ABI Membership is required to access the full summary of In re Cain Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Crump
Apr
16
2015
Ruling
Confirmation denied due to impermissible loan modification.
Issue(s)
Could a chapter 11 plan that extended life of loan secured solely by debtor's principal residence and significantly altered the payment schedule be confirmed?
ABI Membership is required to access the full summary of In re Crump Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Washington
Feb
26
2015
Ruling
Relief from stay granted due to lack of adequate protection based on debtor's recent failures to make payments and lack of equity in properties.
Issue(s)
Was creditor entitled to relief from stay due to a lack of adequate protection, lack of equity in the subject property, which was not necessary to an effective reorganization?
ABI Membership is required to access the full summary of In re Washington Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Estrin
Feb
05
2015
Ruling
Insurance company entitled to one-time extension of deadline for filing an objection to debtor's discharge.
Issue(s)
Was insurance company entitled to an extension of time to file an objection to debtor's discharge?
ABI Membership is required to access the full summary of In re Estrin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Pinks
Jan
22
2015
Ruling
Trustee's motion to reopen where trustee had sufficient notice and opportunity to investigate asset scheduled by debtors with "unknown" value.
Issue(s)
Could trustee reopen debtors' case to administer a cause of action that had been disclosed by debtors as having "unknown" value in their schedules?
ABI Membership is required to access the full summary of In re Pinks Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Pinks
Jan
22
2015
Ruling
Trustee's motion to reopen where trustee had sufficient notice and opportunity to investigate asset scheduled by debtors with "unknown" value.
Issue(s)
Could trustee reopen debtors' case to administer a cause of action that had been disclosed by debtors as having "unknown" value in their schedules?
ABI Membership is required to access the full summary of In re Pinks Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: