Gill v. Hodgen (In re Hodgen)
Sep
28
2006
Ruling
Discharge revoked where property transferred to allegedly to satisfy debt was reconveyed back to debtors after discharge.
Procedural posture
Chapter 7 debtors filed a motion to dismiss creditors'complaint, which sought to avoid a discharge of debts arising from actual fraud and willful and malicious damage to property.
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Court
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In re Keaty
Sep
14
2006
Ruling
Non-coercive, non-harrassing, postpetition settlement offer, following pattern of prepetition talks, did not violate stay.
Procedural posture
Chapter 13 debtor moved for sanctions against a certain individual, claiming the individual violated the automatic stay under 11 U.S.C. § 362(a). Debtor alleged, inter alia, that a certain person, on behalf of the individual, contacted an attorney representing debtor in a matter not related to the instant case, regarding settlement of the individual's claim against debtor.
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Court
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In re Hill
Sep
01
2006
Ruling
Secured claim on motor vehicle consistently used to generate income for debtors'maintenance and support could be modified.
Procedural posture
After the debtors filed a voluntary petition for relief under chapter 13, they filed a bankruptcy plan in which they proposed to modify a creditor's claim that was secured by a vehicle. The creditor objected to the plan. The court held a hearing on confirmation.
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Court
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In re Gott
Aug
31
2006
Ruling
Debtor could not claim exemption in mobile home in which she did not reside on petition date and for which she had indicated intent to abandon.
Procedural posture
The debtor filed a voluntary petition for relief under chapter 7 and received a discharge. Subsequently, the debtor filed an amended Schedule C to add a homestead exemption in her mobile home. Creditor filed an objection to the debtor's claimed homestead exemption.
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Court
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Young v. Broussard (In re Broussard)
Aug
29
2006
Ruling
Discharge revoked due to debtor's nondisclosure of cause of action against mobile home manufacturer.
Procedural posture
After an order of relief was entered on defendant debtors' petition for bankruptcy relief under chapter 7, plaintiff trustee filed a complaint seeking to revoke the debtors'discharge pursuant to 11 U.S.C. § 727(d)(1). The trustee moved for summary judgment.
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Court
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In re Johnson
Jul
20
2006
Ruling
Anti-cramdown provision did not apply to vehicle used by debtor to drive to and from work .
Procedural posture
The debtors moved for confirmation of their amended chapter 13 plan. The creditor that held a security interest on the debtors'vehicle filed an objection. The issue was whether the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9) prohibited cramdown under section 1325(a)(5).
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Court
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In re Adams
Jun
27
2006
Ruling
Disputed IRS debt could not be considered in debt limit calculation for chapter 13 eligibility.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's case. The trustee alleged that the debtor was not eligible for relief under chapter 13 because he exceeded the debt limits in 11 U.S.C. § 109(e).
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Court
:
- 11 U.S.C.
Spicer v. Spicer (In re Spicer)
Jun
26
2006
Ruling
Debtor's liquidation of retirement account of which former spouse was entitled to one-half was fiduciary defalcation resulting in nondischargeable debt.
Procedural posture
Plaintiff, the former spouse of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that a debt to the spouse from the debtor's liquidation of a retirement account was not dischargeable under 11 U.S.C. § 523(a)(4) based on fiduciary defalcation. The bankruptcy court conducted a trial.
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Court
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In re Huval
Jun
21
2006
Ruling
Previously unemployed debtor spouse's post-petition employment was not grounds for dismissal for substantial abuse.
Procedural posture
The United States Trustee filed a motion, pursuant to 11 U.S.C. § 707(b), to dismiss the debtors'chapter 7 bankruptcy case.
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Court
:
- 11 U.S.C.
Caillouet v. First Bank and Trust (In re Entringer Bakeries)
Jun
14
2006
Ruling
Trustee was entitled to recover preferential transfer from creditor in amount estate was diminished by net proceeds of sale of debtor's property.
Procedural posture
The debtor filed a voluntary petition for relief under chapter 11, which was subsequently converted to a chapter 7 case. Plaintiff trustee filed an adversary proceeding against defendant creditor, seeking to avoid alleged preferential transfers under 11 U.S.C. § 547(b) and seeking to recover such amount from the creditor as an initial transferee under 11 U.S.C. § 550.
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Court
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