Collier v. Hill (In re Collier)
Apr
07
2009
Ruling
Debtor awarded damages for creditor's violation of stay through continued collection activities including posting a public sign.
Procedural posture
Debtor brought an adversary proceeding against creditor alleging that the creditor violated the automatic stay of 11 U.S.C.S. § 362(a) by demanding payment of a debt to the creditor despite knowledge of the debtor's bankruptcy. The debtor sought actual damages, costs, attorney's fees, and punitive damages under § 362(k).
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Court
:
- 11 U.S.C.
Moser v. Toyota Motor Credit Corp. (In re Davis)
Mar
24
2009
Ruling
Lien perfected against vehicle postpetition could be avoided and preserved for benefit of estate.
Procedural posture
Plaintiff sued filed an adversary proceeding against defendant creditor pursuant to 11 U.S.C.S. §§ 544 and 547, seeking to set aside a purchase money lien asserted by the creditor on a vehicle. The trustee also sought a judgment preserving the lien for the benefit of the estate pursuant to 11 U.S.C.S. § 551. The parties cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Kafi
Mar
12
2009
Ruling
Debtor could not claim vehicle expense under IRS standards but only actual expenses of vehicles owned free and clear.
Procedural posture
In calculating disposable income, a chapter 7 bankruptcy debtor claimed vehicle ownership expense deductions for vehicles for which the debtor made no loan or lease payments. The United States Trustee moved to dismiss the debtor's case, asserting that the claimed expenses were not allowable and that the debtor's proper disposable income created a presumption of chapter 7 bankruptcy abuse under 11 U.S.C.S. § 707(b)(2).
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Court
:
- 11 U.S.C.
In re Brown
Mar
05
2009
Ruling
Debtors who were less than forthcoming with court ordered to modify plan within 15 days or face dismissal.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code on December 15, 2005, and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and she filed a motion to dismiss the debtors' case. The debtors filed a motion seeking permission to modify their repayment plan.
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Court
:
- 11 U.S.C.
American Express Centurion Bank v. Welch (In re Welch)
Mar
03
2009
Ruling
Debt held nondischargeable based on debtor's deemed admission.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor owed the bank $ 94,102.31, that the entire debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), that $ 8,756.58 of the debt was nondischargeable under 11 U.S.C.S. § 523(a)(14). The bank also asked for attorney's fees and costs. The bank filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Herman
Feb
24
2009
Ruling
Discharge denied due to debtor's concealment of assets and false statements.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtor's transfer and concealment of assets and the debtor's omissions in her bankruptcy schedules.
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Court
:
In re ELite Eyewear Holding Inc.
Feb
05
2009
Ruling
Debtor's several U.S. affiliated LLCs and partnerships ordered consolidated with estate.
Procedural posture
A debtor filed for relief under chapter 7. Chapter 7 trustee sought to substantively consolidate certain affiliated and related subsidiaries and partnerships with the bankruptcy estate of the debtor.
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Court
:
In re King
Jan
06
2009
Ruling
Chapter 7 case ordered converted or dismissed on grounds of abuse where trimming of excess expenses would allow for feasible plan.
Procedural posture
The trustee moved to dismiss the debtors' chapter 7 bankruptcy case pursuant to 11 U.S.C.S. § 707(b) and Fed. R. Bankr. P. 1017(e).
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Court
:
Goldberg v. Clay (In re Smith)
Dec
09
2008
Ruling
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
Procedural posture
Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
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Court
:
Neary v. Guillet (In re Guillet)
Dec
09
2008
Ruling
Debtor's questionable transfers of funds to Nigeria were not grounds for denial of discharge absent evidence of intent to defraud creditors.
Procedural posture
Plaintiff United States trustee filed a complaint against defendant chapter 7 debtors, a husband and wife, seeking to deny the entry of a chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(3), or § 727(a)(5).
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Court
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