- 11 U.S.C.
Godowns v. Brush (In re Brush)
Nov
10
2011
Ruling
Misrepresentation by debtor contractor on which creditor relied resulted in nondischargeable debt.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that her damages claim against the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). At the conclusion of the creditor's case, the debtor moved for a directed verdict on all causes of action.
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Court
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Drennan v. Hunnicutt (In re Hunnicutt)
Nov
09
2011
Ruling
Proceeding for nondischargeability of state court judgment dismissed without prejudice as insufficiently pled.
Procedural posture
Creditor filed an adversary proceeding seeking determination of the nondischargeability of his state court judgment against chapter 7 debtor under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4), and 523(a)(6). The debtor filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
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Court
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- 11 U.S.C.
In re Mt. Zion Holiness Church
Sep
13
2011
Ruling
Chapter 11 case dismissed as filed in bad faith solely to delay foreclosure.
Procedural posture
A creditor filed a motion to dismiss a Chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112 on the grounds that the debtor's bankruptcy was filed for the sole purpose of delaying the creditor's foreclosure efforts. As a result, the creditor argued that the bankruptcy was filed in bad faith.
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Court
:
- 11 U.S.C.
In re Hunnicutt
Aug
23
2011
Ruling
Judicial lien was avoidable notwithstanding dischargeability of underlying debt.
Procedural posture
A Chapter 7 debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f)(1)(a).
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Court
:
- 11 U.S.C.
In re Prince
Jul
12
2011
Ruling
Mobile home belonging to debtor's father-in-law on which debtor allegedly made payments was not property of the estate.
Procedural posture
Chapter 13 debtor presented a plan for confirmation. The secured creditor holding the loan against debtor's former father in law's mobile home, filed an objection to confirmation.
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Court
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In re Means
Jul
08
2011
Ruling
Relief from stay to foreclose on mechanic's lien that arose during chapter 13 case that was later converted denied.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and while their case was pending under Chapter 13, a construction company filed a motion for relief under 11 U.S.C.S. § 362(d) from the automatic stay so it could foreclose a mechanic's lien. The debtors converted their case to one under Chapter 7 of the Bankruptcy Code and the construction company filed an amended motion for relief from the stay. The debtors opposed the motion.
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Court
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In re Tincher
Jul
06
2011
Ruling
Reaffirmation agreement for vehicle loan, on more favorable terms than original, approved.
Procedural posture
This matter was before the court on two reaffirmation agreements between debtor and two of his creditors.
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Court
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- 11 U.S.C.
In re Copeland
Jun
16
2011
Ruling
Attorney who represented debtor in class action settlement was not employed by trustee, not authorized by court and not entitled to fees.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and an attorney who represented the debtor in class action settlement proceedings and recovered $19,944 for the debtor's bankruptcy estate filed an Application for Administrative Expenses, seeking payment of $10,000. The United States Trustee filed an objection to the attorney's claim.
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Court
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In re McGregor
Jun
02
2011
Ruling
Determination in chapter 13 case that lien was unsecured had no binding effect after conversion to chapter 7.
Procedural posture
In a prior bankruptcy case, bankruptcy debtors converted their chapter 13 case in which a creditor's claim was deemed unsecured and the debtors received a chapter 7 discharge. The debtors objected to the creditor's secured claim in their instant chapter 13 case on the ground that the claim was unsecured and discharged in their prior case.
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Court
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In re Gibson
May
26
2011
Ruling
Relief from stay granted to bank given lack of equity in property and slim possibility that debtor could redeem property after tax sale.
Procedural posture
Creditor bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2). The bank held a mortgage on the chapter 13 debtor's business property and tools of the trade in the amount of $ 382,011.96. The debtor filed an objection to the motion, arguing that the bank was adequately protected under the terms of her chapter 13 plan.
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Court
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