- 11 U.S.C.
Buckley v. Buckley
Apr
24
2009
Ruling
Claim scheduled in debtor's prior chapter 7 case in which discharge was denied was nondischargeable.
Procedural posture
Plaintiff creditor filed a Fed. R. Civ. P. 56(c) motion for summary judgment in an adversary proceeding, which sought a judgment declaring that a judgment debt owed by defendant debtor was nondischargeable under 11 U.S.C.S. § 523(a)(10) in that it was or could have been listed in a prior chapter 7 case in which a discharge was denied. The debtor filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Dennis P.
Apr
07
2009
Ruling
Case ordered converted or dismissed for abuse where elimination of 401(k) contributions and loan payments, adjustment of withholding and reduction of housing costs increase ability to pay unsecured debt.
Procedural posture
Debtors, a husband and a wife, filed a bankruptcy petition. The trustee (UST) moved to dismiss pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Tobis
Apr
01
2009
Ruling
Attorneys' one-third contingency fee for litigation of state court claims that were property of the estate approved.
Procedural posture
The court previously granted the bankruptcy trustee's application for court approval to employ applicant law firm to represent the trustee for the purpose of litigating certain state court claims that were property of the debtors' bankruptcy estate. The law firm applied for approval of payment of an attorney fee calculated as one-third of the $ 29,178.24 gross settlement proceeds from the trustee's compromise of the state court claims.
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Court
:
- 11 U.S.C.
Squire v. D.B. Zwiru Special Opportunities Fund FP
Mar
31
2009
Ruling
Debtor did not have standing to pursue counterclaims in adversary proceeding that properly belonged to trustee.
Procedural posture
Debtor sought review of an order of the Bankruptcy Court of the Southern District of Ohio, which dismissed, for lack of standing, his counterclaim against appellee creditor for breach of the implied covenant of good faith and fair dealing and violations of the Racketeer Influenced and Corrupt Organization Act (RICO).
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Court
:
Bostic v. Natl City Bank (In re DeRee)
Mar
26
2009
Ruling
Trustee could sell property free and clear where mortgages encumbered only debtor's dower rights.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in its action, which sought a determination of the extent of the first mortgage and second mortgage held by mortgage holders on debtor's property with respect to the debtor's ownership interest, and also sought authorization to sell the ownership interests of both the debtor and defendant wife in the property pursuant to 11 U.S.C.S. § 363(h).
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Court
:
Nicole Energy Servs. McClatchey
Mar
04
2009
Ruling
Appeal of asset sale order dismissed as moot where sale had been completed.
Procedural posture
Appellee bankruptcy trustee proposed a sale of appellant bankruptcy debtor's primary asset, which consisted of a contractual cause of action against the purchaser of the asset. The debtor appealed the order of the bankruptcy court for the Southern District of Ohio which approved the sale, and the trustee moved to dismiss the appeal as moot.
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Court
:
- 28 U.S.C.
MD Acquisition LLC v. Myers
Feb
23
2009
Ruling
Action for rescission of stock purchase agreement transferred to bankruptcy court as related to pending case.
Procedural posture
Plaintiffs, a debtor and its purchaser, filed a motion to transfer to the bankruptcy court their complaint for recission of a stock purchase agreement or, in the alternative, damages for state law claims. Defendant employee filed a motion for permissive and mandatory abstention under 28 U.S.C.S. § 1334(c)(1) and (2) and equitable remand to the state court.
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Court
:
- 11 U.S.C.
Terlecky v. Countrywide Home Loans Inc. (In re Baruch)
Feb
23
2009
Ruling
Trustee could avoid mortgage that was not validly recorded.
Procedural posture
Chapter 7 trustee moved for summary judgment on his claims against creditor, which sought, in his capacity as a bona fide purchaser under 11 U.S.C.S. § 544(a)(3), to avoid a mortgage the debtor granted the creditor on her home, sought to preserve the mortgage for benefit of the debtor's estate pursuant to 11 U.S.C.S. § 551, requested the court to disallow any and all claims held by the creditor arising under the mortgage.
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Court
:
In re Goble
Feb
17
2009
Ruling
Chapter 7 case ordered converted or dismissed for abuse based on totality of circumstances as debtor could fund chapter 13 plan.
Procedural posture
The United States trustee filed a motion to dismiss the debtor's chapter 7 petition for abuse, pursuant to 11 U.S.C.S. §§ 707(b)(2) or 707(b)(3). The debtor sought to remain in chapter 7 and therefore opposed the motion.
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Court
:
- 11 U.S.C.
In re Cortner
Feb
04
2009
Ruling
Chapter 13 debtor required to pay interest rate set at state tax certificate auction.
Procedural posture
A secured creditor of a chapter 13 debtor objected to the debtor's plan. The chapter 13 trustee objected to the proofs of claim of the creditor.
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Court
: