- 11 U.S.C.
Coay v. Coay (In re Coay)
Jun
19
2012
Ruling
Trustee's motion to increase plan payments after debtor resumed work denied.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their creditors. The court confirmed the debtors' second amended plan in January 2010, and in July 2011 a trustee who was appointed to administer the plan filed a motion for an order under 11 U.S.C.S. § 1329(a)(1) which required the debtors to increase plan payments. The debtors opposed the trustee's motion.
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Discover Bank v. Paintiff (In re Paintiff)
Apr
27
2012
Ruling
Debtor's attorneys' fees awarded after dismissal of nondischargeability proceeding due to creditor's failure to seriously investigate claim prior to filing.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed credit card debt that was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The court granted the debtor's motion for summary judgment and dismissed the case, and the debtor asked the court for reimbursement under 11 U.S.C. § 523(d) of attorney's fees she incurred to defend the bank's action.
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Court
:
- 11 U.S.C.
In re Moffett
Mar
02
2012
Ruling
Attorney sanctioned for failure to investigate circumstances giving rise to filing case.
Procedural posture
A chapter 7 debtor's attorney appeared pursuant to an order to show cause issued by the court sua sponte because of the attorney's apparent violation of his duty to perform a reasonable investigation of the circumstances giving rise to the filing of the debtor's petition under 11 U.S.C.S. § 707(b)(4)(C) and (D).
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Court
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Swartz v. Moffett (In re Moffett)
Feb
02
2012
Ruling
Discharge denied due to false oaths and concealment of payments from auto accident settlement.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2) and (a)(4)(A) to have her debts discharged because she concealed property that belonged to her bankruptcy estate and made false oaths when she completed her bankruptcy schedules and when she testified at a meeting of creditors. The case was tried to the court.
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Court
:
- 11 U.S.C.
Mann v. Tayeh (In re Tayeh)
Jan
19
2012
Ruling
Debt for fraud by operator son of debtor used car lot owner was nondischargeable.
Procedural posture
Buyer filed an adversary complaint against debtor, the owner of a used car dealership generally operated by debtor's son, for a determination that a debt owed to her in connection with a transaction in which she bought a truck that was later repossessed was nondischargeable per 11 U.S.C.S. § 523(a)(2)(A) by reason of fraud on the part of the son for which debtor was liable.
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Court
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Richardson v. Bradshaw (In re Bradshaw)
Nov
22
2011
Ruling
Discharge denied due to false representations regarding prepetition transfer made to remove property from the estate.
Procedural posture
Chapter 7 trustee filed a first amended complaint against defendants, a debtor and her brother, seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A) and seeking to avoid the transfer of property to the debtor's brother. Those counts seeking the avoidance of the transfer were resolved in the trustee's favor prior to trial.
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Court
:
- 11 U.S.C.
In re Delaney
May
06
2011
Ruling
Reaffirmation agreement on out-of-date pre-BAPCPA form was unenforceable.
Procedural posture
Before the court was a reaffirmation agreement entered into between debtor and a bank. A hearing was held.
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Court
:
- 11 U.S.C.
In re Hickman
Apr
21
2011
Ruling
Revocation of discharge in prior case for failure to make records available for audit did not except creditor's claim from discharge in current case.
Procedural posture
In debtors' chapter 7 case, a creditor moved for an order lifting the automatic stay based on revocation of the debtors' discharge in a prior Chapter 7 case due to the debtors' failure to provide documents and information required for an audit under 28 U.S.C.S. § 586(f).
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Court
:
- 11 U.S.C.
In re El Matador Inc.
Mar
17
2011
Ruling
Objection to Department of Labor judgment claim treated as request for subordination and denied.
Procedural posture
Debtor filed a petition under Chapter 11 of the Bankruptcy Code and the U.S. Department of Labor ("DOL") filed a claim against the debtor's bankruptcy estate, seeking payment of a judgment it obtained in federal district court. The debtor filed an objection to the claim, and the court treated the objection as a request for subordination under 11 U.S.C.S. § 510(c)(1) of a portion of the judgment the DOL obtained.
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In re Walker
Mar
07
2011
Ruling
Motion for use of cash collateral with lien on future crops as proposed adequate protection could not be granted.
Procedural posture
Chapter 12 debtors filed a motion to use the cash collateral of a creditor to fund the expenses of growing future crops under 11 U.S.C.S. § 363(c)(2) & (3) and 11 U.S.C.S. § 1205. They proposed to give the creditor liens on future crops as adequate protection, but the creditor objected.
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Court
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