Lewis v. Payne (In re Payne)
Apr
07
2009
Ruling
Debt related to debtor's incomplete performance under home construction contract was dischargeable.
Procedural posture
Plaintiff creditors sought a determination that the debt of a chapter 7 debtor arising from the construction of a home was excepted from dischargeable under 11 U.S.C.S. §§ 523(a)(2), 523(a)(4), and 523(a)(6).
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Court
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In re Namie
Aug
05
2008
Ruling
Confirmation denied where debtor's housing expense exceeded personal net income.
Procedural posture
A trustee objected to confirmation of a debtor's chapter 13 plan, pursuant to 11 U.S.C.S. § 1325(a)(3) and (b).
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Court
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In re Hall
Jul
24
2008
Ruling
Debtors' delayed motion to reopen case to seek sanctions for allegedly improper motion for relief from stay denied.
Procedural posture
Debtors filed a motion to reopen their case in order to seek sanctions against creditor for filing an allegedly improper motion for relief from stay. The sanctions motion sought actual damages, including attorneys' fees and costs, emotional distress damages, treble damages pursuant to the South Carolina Unfair Trade Practices Act, and punitive damages.
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Court
:
- 11 U.S.C.
In re Dendy
May
05
2008
Ruling
Creditors' failure to remove mortgage from land records was not an affirmative act that violated discharge injunction.
Procedural posture
Chapter 13 debtors brought a motion to impose sanctions against two creditors that purportedly held or serviced the debtors' second mortgage against their residence, which lien was completely extinguished under the debtors' confirmed plan. Although the mortgage remained of record and the creditors had given a negative credit report prior to discharge, the creditors had taken no affirmative collection actions against the debtors.
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Court
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In re Dendy
Apr
21
2008
Ruling
Mortgage for which there was no equity that creditor failed to release was void.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code, a plan was confirmed, the debtors made their payments, and the debtors received a discharge. The debtors filed a motion for sanctions against a creditor and an assignee claiming that they had violated the discharge injunction by failing to release a second mortgage on the debtors' residence.
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Court
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In re Barton
Apr
18
2008
Ruling
Debtors who did not establish that plan modification was impracticable denied hardship discharge.
Procedural posture
A chapter 13 trustee objected to husband and wife debtors' motion for a hardship discharge pursuant to 11 U.S.C.S. § 1328(b).
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Court
:
- 11 U.S.C.
In re Grice
Apr
09
2008
Ruling
Creditor bank's attorneys' fees associated with motion for relief from stay denied.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. In an earlier proceeding, the court denied movant bank's motion for relief from the automatic stay. The bank claimed it was entitled to attorney's fees associated with the filing of the stay relief motion, and the debtor objected to the charge of attorney's fees associated with the motion.
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Court
:
- 11 U.S.C.
In re McFadden
Feb
27
2008
Ruling
Non-filing spouse's return to work was not sufficient change in circumstances to establish good faith in sixth case of a serial filer.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code. A chapter 13 trustee filed a motion to dismiss, pursuant to 11 U.S.C.S. § 1307, on the grounds that the filing was done in bad faith and that the filing caused unreasonable delay and was prejudicial to creditors.
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Court
:
- 11 U.S.C.
In re Ferrell
Feb
21
2008
Ruling
Severely ill debtors granted extension of time to meet financial management course requirement or face closure of case without discharge.
Procedural posture
The United States Trustee (UST) objected to the debtors' motion for an exemption from the personal financial management requirement, pursuant to 11 U.S.C.S. § 727(a)(11), on the grounds that the debtors did not meet the criteria for an exemption under 11 U.S.C.S. § 109(h)(4).
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Court
:
- 11 U.S.C.
In re Bowen
Jan
09
2008
Ruling
Filing of three cases within one year causing delays to creditors indicated bad faith on the part of debtor.
Procedural posture
A trustee objected to confirmation of a debtor's chapter 13 plan based on a lack of good faith in filing the petition under 11 U.S.C. § 1325(a)(7).
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Court
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