- 11 U.S.C.
Frances E. Bain Estate v. Hammen (In re Hammen)
Jan
23
2009
Ruling
Claim for trespass was not excepted from discharge absent evidence of willful or malicious conduct.
Procedural posture
Plaintiff, the estate of a deceased property owner, filed a complaint against defendant chapter 7 debtors, alleging that the debtors encroached on the owner's land when they constructed a pond on their adjacent property. It sought damages and an exception from discharge due to fraud or willful injury under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
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Court
:
Butler v. Ormet Corp.
Jan
13
2009
Ruling
Time-barred wrongful discharge claim properly disallowed by bankruptcy court.
Procedural posture
Appellant, a claimant in a chapter 11 case, challenged a denial, by the Bankruptcy Court for the Southern District of Ohio, of a Fed. R. Civ. P. 59(e) motion for reconsideration of its denial of an earlier motion under 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008 to set aside the order disallowing his claim against appellee debtors. At issue was whether the bankruptcy court had abused its discretion in so ruling.
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Court
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Weisle Corp. v. Leist (In re Leist)
Dec
16
2008
Ruling
Debtor real estate broker's purchase of property instead of making offer on behalf of clients resulted in nondischargeable economic injury.
Procedural posture
Plaintiffs, a judgment creditor and its principal, and defendant chapter 7 debtor filed cross-motions for summary judgment in plaintiffs' action, which sought to have the judgment debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
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Court
:
- 11 U.S.C.
In re Cincom iOutsource Inc.
Nov
20
2008
Ruling
Proof of claim failed after creditor was added to amended schedule was deemed timely.
Procedural posture
Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
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Court
:
In re Peppers
Nov
18
2008
Ruling
First mortgage on debtor's home was not subject to modification.
Procedural posture
The debtor filed an objection to a proof of claim filed by the creditor which held a first mortgage on the debtor's home. The objection contested the creditor's arrearage claim. The debtor believed that a portion of the claim should be paid as an unsecured claim pursuant to 11 U.S.C.S. § 506(a).
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Court
:
In re Cinecom iOutsource Inc.
Oct
31
2008
Ruling
Action by unaffiliated non-debtor entities against debtor were subject to stay.
Procedural posture
The chapter 7 trustee filed a motion to enforce the automatic stay under 11 U.S.C.S. § 362(a) in three separate actions filed in federal district courts by unaffiliated, non-debtor entities.
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Court
:
- 11 U.S.C.
In re Street
Sep
30
2008
Ruling
Exemption in debtor's postpetition property division payments from former spouse allowed over trustee's objection.
Procedural posture
A bankruptcy debtor claimed exemptions in postpetition payments from her former spouse as part of a property division in divorce proceedings in which the debtor relinquished her interests in the spouse's retirement plan and a marital residence in exchange for the payments. The bankruptcy trustee objected to the exemptions.
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Court
:
In re Hlavin
Sep
30
2008
Ruling
Home loans secured by mortgages were consumer, not commercial, debts.
Procedural posture
The Trustee sought dismissal of the debtors' bankruptcy case for abuse under 11 U.S.C.S. § 707(b)(1). The debtors moved for partial summary judgment.
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Court
:
- 11 U.S.C.
Argent Mortg. Co. LLC v. Drown (In re Bunn)
Sep
30
2008
Ruling
Mortgage with sufficient property identification to create constructive notice under state law was not avoidable.
Procedural posture
Defendant mortgage creditor appealed from an order of the bankruptcy court for the Southern District of Ohio, that held that the plaintiff, the chapter 7 trustee, could avoid the debtor's mortgage under 11 U.S.C.S. § 544(a)(3), because the face of the mortgage contained a street address and a parcel number, but did not contain a legal description of the debtor's residential property.
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Court
:
- 11 U.S.C.
Clippard v. Ragle (In re Ragle)
Sep
29
2008
Ruling
Bankruptcy court properly allowed debtor to deduct ownership expense for vehicle owned free and clear.
Procedural posture
Appellant United States Trustee filed a motion for a rehearing a decision of the court, which dismissed, for lack of jurisdiction, his appeal of the bankruptcy court's order denying his motion to dismiss appellee debtors'chapter 7 bankruptcy case under 11 U.S.C.S. § 707(b)(1).
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Court
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