- 11 U.S.C.
In re Rynerson
Oct
05
2006
Ruling
Motion to convert or dismiss chapter 11 case denied where creditors'position would not be improved.
Procedural posture
After a debtor's amended chapter 11 plan of reorganization was confirmed, the hospital moved to reopen the case and to either convert the case to chapter 7 or dismiss the chapter 11 case on the grounds that the debtor did not comply with the plan on payments to unsecured creditors or on liquidation of estate assets and that the debtor failed to disclose assets. The debtor objected to the motion.
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Court
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In re James M. Rynerson M.D. P.S.C.
Oct
03
2006
Ruling
Conversion or dismissal denied as not in best interests of creditors where there was no default and plan was substantially consummated.
Procedural posture
A creditor filed a motion to convert a debtor's case to chapter 7 or, in the alternative, to dismiss the debtor's chapter 11 case, pursuant to 11 U.S.C. § 1112.
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Court
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- 11 U.S.C.
Huskey v. Allen County Farmers Servs.
Sep
05
2006
Ruling
Stay violation could not be grounds for dismissal of personal injury case where debtor's prior conduct in the action was inconsistent with stay defense.
Procedural posture
Plaintiffs, a husband and wife, sued defendants, a farm supplier and a wire company, for damages from an alleged injury the husband received when wire was unloaded from his truck. Prior to the suit, the wire company filed for bankruptcy and a stay was issued pursuant to 11 U.S.C. § 362(a)(1) pending the bankruptcy's resolution. Before the federal district court were the wire company's motions for summary judgment and to file an amended answer.
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Court
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- 11 U.S.C.
Kitterman v. Sallie Mae Servicing L.P. (In re Kitterman)
Aug
30
2006
Ruling
Fainting spells and depression were not grounds for undue hardship discharge of student loan debt where they would not prevent debtor from finding or maintaining employment.
Procedural posture
Plaintiff debtor filed a complaint against defendant creditors to determine the dischargeability of his student loans based on undue hardship under 11 U.S.C. § 523(a)(8).
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Court
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Schilling v. Reid
Aug
25
2006
Ruling
Debtor's good faith post-discharge sale of property of the estate and retention of proceeds was not cause for revocation.
Procedural posture
Plaintiff trustee sued defendant debtor, contending that the debtor's discharge should have been revoked pursuant to 11 U.S.C. § 727(d)(2) because she had sold real estate postdischarge and retained the proceeds for her own use rather than submitting them to the trustee. The bankruptcy court held a trial.
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Court
:
- 11 U.S.C.
In re Thompson
Aug
17
2006
Ruling
Creditors could reopen case to allow claim based on post-discharge entry of civil judgment.
Procedural posture
Creditors filed a motion to allow claim of creditors following their filing of a report of the proceedings in a civil action indicating that a judgment had been entered against the debtor and that the jury had determined that the debtor's actions were intentional.
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Court
:
- 11 U.S.C.
In re Brinley
Aug
17
2006
Ruling
Unencumbered equity in abandoned property should be preserved for benefit of the estate.
Procedural posture
An unsecured creditor moved for an order finding that the unencumbered equity created by the avoidance of its judgment lien against certain property be preserved for the bankruptcy estate pursuant to 11 U.S.C. § 551. The debtor objected to the motion, arguing that section 551 was inapplicable and that the property in question had been technically abandoned as a result of the closing of the bankruptcy case.
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Court
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- 11 U.S.C.
In re Sheffer
Aug
17
2006
Ruling
Per se ban on settlement of proceedings for denial of discharge would be unduly restrictive.
Procedural posture
Chapter 7 debtor filed a motion to approve a global settlement of several fraudulent transfer claims.
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Court
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In re Hall
Jul
31
2006
Ruling
Case was dismissed since debtor did not file petition or chapter 13 plan in good faith.
Procedural posture
Debtor filed for chapter 13 bankruptcy protection. An amended chapter 13 plan was filed, to which a creditor filed an objection pursuant to 11 U.S.C. § 1325(a)(3), (a)(6) and (a)(7), and 11 U.S.C. § 1307. The chapter 13 trustee also objected to confirmation, stating that debtor did not propose to pay the minimum amount into the plan as required by 11 U.S.C. § 1325(b)(1).
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Court
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In re Duke
Jul
12
2006
Ruling
Court held that surrender of vehicle in compliance with hanging paragraph of section 1325(a) did not fully satisfy creditors'claims.
Procedural posture
Movant debtors filed motions to surrender collateral (two motor vehicles) in full satisfaction of debts owed to respondent secured creditors.
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Court
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