Branch Banking & Trust Co. v. Evans (In re Evans)
Sep
25
2015
Ruling
Discharge denied due to debtor's concealment and failure to disclose assets and transfers as well as false oaths.
Issue(s)
Should debtor's discharge be denied due to concealment of assets and transfers of assets as well as false oaths?
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Court
:
- 11 U.S.C.
Rhyne v. Rhyne (In re Rhyne)
Sep
24
2015
Ruling
State court action by debtor's brothers to administer mother's will, which took discharged debt into account in dividing property, did not violate the discharge injunction.
Issue(s)
Did state court proceeding to administer a will, which reduced debtor's distribution based on a discharged debt, violate the discharge injunction?
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Court
:
- 11 U.S.C.
Robbins v. Alther (In re Alther)
Sep
11
2015
Ruling
Case ordered converted or dismissed due to presumption of abuse.
Issue(s)
Should chapter 7 case be dismissed pursuant to the presumption of abuse?
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Court
:
- 11 U.S.C.
In re Budd
Jul
24
2015
Ruling
Debtor's attorneys' fees reduced as sanction for professional misconduct.
Issue(s)
Should the bankruptcy court approve additional debtor's attorney's fees for reaching a settlement regarding the dischargeability of debt filed on behalf of the Social Security Administration?
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Court
:
- 11 U.S.C.
Addison v. United States Dept of Agric. (In re Addison)
Jul
13
2015
Ruling
Government's postpetition setoff of exempt tax overpayment against non-tax debt violated the automatic stay.
Issue(s)
Does the automatic stay apply to the federal treasury offset program where the federal government seeks to offset a non-tax debt owed by the debtor to a federal agency against a federal income tax refund owed to the debtor and, if so, can the debtor claim an exemption in that refund which trumps the government's right of offset?
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Court
:
- 11 U.S.C.
Myles v. Xinergy Ltd. (In re Xinergy Ltd.)
Jun
11
2015
Ruling
Relief from stay granted to allow creditor to pursue state law sexual harassment claim.
Issue(s)
Should relief from stay be granted to allow creditor to pursue state law sexual harassment claim?
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Court
:
In re Fisher
Mar
19
2015
Ruling
Granting of voluntary chapter 13 dismissal was mandatory absent bad faith or abuse.
Issue(s)
Should chapter 13 debtor's motion for a voluntary dismissal be granted?
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Court
:
- 11 U.S.C.
SE Prop. Holdings LLC v. Seaside Engg & Surveying (In re Seaside Engg & Surveying)
Mar
12
2015
Ruling
Plan including releases of claims against third parties properly confirmed.
Issue(s)
What is the authority of bankruptcy courts to issue non-consensual, non-debtor releases or bar orders, and what are the circumstances under which such bar orders might be appropriate?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Tucker
Feb
27
2015
Ruling
Mortgage company's letter violated the discharge injunction but was not grounds for damages as it had been sent by mistake.
Issue(s)
Was mortgage company's sending of a mortgage billing statement a willful violation of the automatic stay that would entitle debtor to damages?
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Court
:
- 11 U.S.C.
In re Kiser
Jan
15
2015
Ruling
Creditor's objection to confirmation based on failure to include postpetition attorneys' fees in plan overruled.
Issue(s)
Whether creditor was entitled to recover postpetition attorneys' fees through debtor's plan?
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Court
: