- 11 U.S.C.
Cahse Bank U.S.A. v. Hammond (In re Hammond)
Jun
11
2008
Ruling
Credit card debt held nondischargeable given debtor's deemed admission of fraud.
Procedural posture
Plaintiff creditor sought summary judgment that credit card debt incurred by defendant, a chapter 7 debtor, was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(2)(C), that debtor was properly held liable therefor, and that debtor was also liable for interest, costs, and attorney fees to be determined by the court. At issue was whether defendant's deemed admissions per Fed. R. Civ. P. 36 obviated any genuine issues.
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Court
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- 11 U.S.C.
Norton v. Cole (In re Cole)
Nov
15
2007
Ruling
Professional negligence judgment against debtor attorney did not establish fraud and was dischargeable.
Procedural posture
Plaintiff judgment creditor objected to the discharge of defendant chapter 7 debtor pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(3), (a)(4) and (a)(5), and objected to the dischargeability of the judgment debt owed by the debtor to the creditor under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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Court
:
In re Kasco
Nov
08
2007
Ruling
Tax sale purchase treated as secured claim which could be paid during term of plan.
Procedural posture
A purchaser of real property taxes owed by chapter 13 debtors filed a motion for modification of the automatic stay in order to proceed in state court against the debtors.
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Court
:
- 11 U.S.C.
In re Weiss
Oct
23
2007
Ruling
Creditor with improperly granted security interest in debtor's business interests not entitled to relief from stay.
Procedural posture
The matter came before the court on the motion, opposed by debtor, of two creditors for relief from the automatic stay. The creditors sought relief from the stay in order to foreclose on their collateral pursuant to 11 U.S.C. § 362(d).
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Court
:
- 11 U.S.C.
In re Bachrach Clothing Inc.
Aug
02
2007
Ruling
Debtor's failure to pay real estate taxes for period of tenancy was a default.
Procedural posture
Movant, the vendee of certain of debtor's operating assets, sought an order requiring debtor to pay certain real estate taxes in connection with a lease that vendee was assuming. The taxes at issue related to a period of time during which debtor was in possession of the leasehold, raising the question of whether debtor's failure to pay those taxes constituted a default under 11 U.S.C. § 365(b)(1).
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Court
:
- 11 U.S.C.
Green Bay Packaging Inc. v. Oscarson (In re Oscarson)
Mar
06
2007
Ruling
Creditor's claims against father and son debtors were dischargeable absent proof that debt resulted from reliance on alleged false financial statements.
Procedural posture
Chapter 7 debtors filed a motion for a directed verdict in an adversary proceeding brought by creditor, which sought a finding that debtors could not discharge a debt owed to creditor pursuant to 11 U.S.C. § 523(a)(2)(B), that debtor son's discharge should be denied pursuant to 11 U.S.C. § 727(a)(4).
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Court
:
- 11 U.S.C.
In re Colvin
Aug
15
2006
Ruling
Court approval not necessary for debtors' attorneys' fees to be collected from personal postpetition income pursuant to postpetition agreement.
Procedural posture
The chapter 7 debtors'law firm filed a motion for attorney fees under 11 U.S.C. § 330.
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Court
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In re Henry
Jun
01
2006
Ruling
Motion to dismiss was denied since court allowed plan payments to extend beyond maximum period generally allowed.
Procedural posture
The chapter 13 trustee moved to dismiss the debtor's bankruptcy case. The trustee argued that the case should be dismissed because it would take over 60 months to complete, and because the plan was in material default since it will not complete in compliance with the confirmed terms.
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Court
:
- 11 U.S.C.
In re Brown
Jul
07
2005
Ruling
Code's good faith requirement warranted granting trustee's motion to amend debtor's confirmed chapter 13 plan due to increase in available income.
Procedural posture
Chapter 13 trustee filed a motion for a modification of debtor's confirmed plan to raise the monthly plan payments, on the grounds that his disposable income significantly increased following plan confirmation. Trustee also sought to require debtor to apply the proceeds of a post-confirmation refinancing of his residence as an additional lump sum plan payment.
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Court
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