- 11 U.S.C.
In re Love
Dec
23
2011
Ruling
Fees ordered disgorged due to inadequate representation of debtor on active military duty.
Procedural posture
A chapter 13 debtor sought a determination of whether any payment of fees to her counsel was improper or should be refunded and disgorged under 11 U.S.C.S. § 329(b) and Fed. R. Bankr. P. 2017(b).
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Court
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Vazquez v. Bank of Am.
Nov
18
2011
Ruling
Lien stripped off due to lack of value and equity in subject property.
Procedural posture
Debtor brought an adversary proceeding against bank which held a second mortgage lien against the debtor's real property, seeking a determination of the validity of the bank's lien and alleging that the lien was void. The bank did not respond to the complaint.
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Court
:
- 11 U.S.C.
In re Olde Prairie Block Owner LLC
Nov
15
2011
Ruling
Reconsideration of judgment disallowing claim for fees and costs on secured mortgage claim granted.
Procedural posture
Creditor sought reconsideration of that part of a judgment on debtor's counterclaim to its secured claim on a mortgage that disallowed plaintiff's claim for fees and costs from the date of the filing of debtor's chapter 11 case, including the effect, on that issue, of valuation of the security under 11 U.S.C.S. § 506. The court treated the motion as a motion to alter or amend under Fed. R. Bankr. P. 9023(e).
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Court
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Goree v. US Bank (In re Goree)
Oct
31
2011
Ruling
Claim deemed unsecured upon creditor's failure to file timely opposition to debtor's complaint to determine validity of lien.
Procedural posture
Chapter 13 debtor issued an alias summons and amended complaint pursuant to 11 U.S.C.S. § 506(a) and Fed. R. Bankr. P. 3012 to determined the validity of defendant creditor's lien on the debtor's residential property. The creditor failed to file a timely opposition to the complaint.
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Court
:
- 11 U.S.C.
In re Anderson
Oct
17
2011
Ruling
Relief from stay granted to allow representative of debtor's minor children to collect fees from marriage dissolution as a domestic support order.
Procedural posture
A court-appointed representative of a bankruptcy debtor's minor children in the debtor's proceeding for dissolution of marriage sought to recover fees for the representative's services for which the debtor was liable. The representative moved for relief from the automatic bankruptcy stay to allow collection of the fees as a domestic support obligation.
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Court
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Chism v. Bank of Am. (In re Chism)
Oct
14
2011
Ruling
Wholly secured junior mortgage was subject to strip off.
Procedural posture
Plaintiff Chapter 13 debtor filed a complaint against defendant, the holder of a second mortgage lien on debtor's real property, pursuant to 11 U.S.C.S. § 506(a) and Fed. R. Bankr. P. 3012, to determine the validity of the holder's lien.
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Court
:
- 11 U.S.C.
Taylor-Kennedy v. Frempong (In re Frempong)
Oct
14
2011
Ruling
Debtor landlord's mishandling of security deposit resulted in nondischargeable debt.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor, the creditors' former landlord, seeking a determination that a debt to the creditors was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's fiduciary defalcation in mishandling the creditors' security deposit.
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Court
:
- 11 U.S.C.
In re Brczyk
Oct
05
2011
Ruling
Untimely motion to vacate discharge denied.
Procedural posture
A creditor filed a motion to vacate a debtor's chapter 7 discharge and for an extension of time to file an objection or complaint pursuant to 11 U.S.C.S. § 523 and /or 11 U.S.C.S. § 727.
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Court
:
- 11 U.S.C.
Melgoza v. Washington Fed. Bank for Sav. (In re Melgoza)
Aug
30
2011
Ruling
Debtor could strip off wholly unsecured second mortgage.
Procedural posture
Chapter 13 debtors filed a motion for summary judgment in their action against defendant creditor, seeking to strip off and void a junior mortgage held by the creditor under 11 U.S.C.S. § 506(d)
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Court
:
- 11 U.S.C.
In re Bucktown Station LLC
Aug
17
2011
Ruling
Relief from stay denied to creditor bank in single asset real estate case where debtor's plan showed reasonable possibility of successful reorganization.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, indicating that its case involved single asset real estate, putting the case on a fast time line under 11 U.S.C.S. § 362(d)(3). Creditor bank moved to modify the stay.
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Court
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