- 11 U.S.C.
Robbins v. Jennings (In re Oliphant)
Jun
23
2014
Ruling
Bankruptcy petition preparer sanctioned and fined for multiple violations and fraud.
Issue(s)
Should bankruptcy petition preparer be sanctioned for multiple violations of § 110?
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Court
:
- 11 U.S.C.
In re Ulrey
Jun
02
2014
Ruling
Real property was not property of the estate where foreclosure sale was completed prior to petition date.
Issue(s)
Was property foreclosed upon just prior to the filing of the debtor's bankruptcy petition property of the estate?
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Court
:
Bank of N.Y. v. Sheeley
Mar
25
2014
Ruling
Mortgage with improper legal description properly avoided by trustee pursuant to strong-arm powers.
Issue(s)
Did bankruptcy court properly conclude that a bank was not entitled to declaratory judgment that its mortgage was a valid first mortgage lien on the debtor's residence and to reform the mortgage to correct the legal description, which was incorrect on the petition date?
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Court
:
- 11 U.S.C.
In re Cassell
Mar
14
2014
Ruling
Plan confirmed over objection by creditor to alleged "cramdown."
Issue(s)
Did plan provision proposing to pay secured creditor the lesser of the balance owed or replacement value of collateral until paid in full constitute an impermissible cramdown?
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Court
:
- 11 U.S.C.
In re Tomer
Mar
14
2014
Ruling
Judgment creditor's motion for production of documents that would not assist in administration denied.
Issue(s)
Was creditor company entitled to copies of debtor's tax returns and income and expenditure statement in pursuing its proceeding to hold its judgment for violation of trade secrets nondischargeable?
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Court
:
- 11 U.S.C.
Buncio v. Rashid (In re Rashid)
Nov
14
2013
Ruling
Judgment debt was dischargeable absent evidence of fraud and given that debtor did not owe creditor a fiduciary duty.
Issue(s)
Was state court judgment based on dispute over franchise between debtor investor and creditor operator nondischargeable for fraud or fiduciary defalcation?
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Court
:
- 11 U.S.C.
Smith v. SIPI LLC (In re Smith)
Jul
30
2013
Ruling
Debtors could recover value of homestead exemption in property transferred by tax deed for less than reasonably equivalent value but could not recover actual property from subsequent purchaser.
Issue(s)
Whether Chapter 13 debtors were entitled under 11 U.S.C.S. § 548 to avoid an interest an LLC obtained in their residence when Illinois authorities issued a tax deed to the LLC.
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Court
:
Piazza v. Nueterra Healthcare Physical Therapy LLC (In re Piazza)
Jun
26
2013
Ruling
Bad faith does provide grounds for dismissal for cause.
Procedural posture
Chapter 7 debtor appealed the order of the United States District Court for the Southern District of Florida that affirmed a bankruptcy court's dismissal of his chapter 7 bankruptcy petition for bad faith under 11 U.S.C.S. § 707(a) on the motion of appellee creditor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Adams v. Catrambone (In re Catrambone)
Apr
10
2013
Ruling
Judgment debt for breach of fiduciary duty was nondischargeable pursuant to collateral estoppel.
Issue(s)
Whether a debtor's obligation to a creditor based on a federal district court (FDC) judgment on the creditor's suit for back wages, tortious interference and breach of fiduciary duty was nondischargeable per 11 U.S.C.S. § 523.
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Court
:
In re River Rd. Partners LLC
Dec
17
2012
Ruling
Fee application denied with respect to restructuring fee on which approved retainer agreement was ambiguous and parole evidence showed no fee was permitted.
Procedural posture
Before the court was a motion for summary judgment filed by a financial advisor (Applicant) for debtor regarding its final fee application. The plan transferee (objector) objected to the fee application. The plan transferee did not file its own motion for summary judgment, but it argued that the court should award it summary judgment on the application sua sponte based on the undisputed facts.
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Court
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