- 11 U.S.C.
In re Lockett
Jul
02
2015
Ruling
Debtor entitled to extension of stay in second case due to rebuttal of presumption of bad faith.
Issue(s)
Was debtor entitled to an extension of stay in second case or was debtor ineligible where prior case was voluntarily dismissed after a motion for relief from stay was filed?
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Court
:
- 11 U.S.C.
National Bank v. Smith (In re Smith)
Jan
30
2015
Ruling
Judgment for abuse of process was based on finding of willful and malicious injury and was nondischargeable.
Issue(s)
Was judgment for abuse of process nondischargeable?
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Court
:
- 11 U.S.C.
Chartrand v. Bank of Am. N.A. (In re Chartrand)
Jan
22
2015
Ruling
Stay terminated in debtor's second chapter 13 case where debtor failed to take timely action to obtain extension.
Issue(s)
Had the automatic stay expired in debtor's second chapter 13 case?
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Court
:
- 11 U.S.C.
Chartrand v. Bank of Am. N.A. (In re Chartrand)
Jan
22
2015
Ruling
Stay terminated in debtor's second chapter 13 case where debtor failed to take timely action to obtain extension.
Issue(s)
Had the automatic stay expired in debtor's second chapter 13 case?
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Court
:
In re Early
Dec
29
2014
Ruling
Confirmation of above-median debtor's plan denied due to failure to devote disposable income to payments.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied due to failure to devote sufficient disposable income to the plan?
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Court
:
- 11 U.S.C.
Meyer v. Walters (In re Walters)
Oct
23
2014
Ruling
Debt was nondischargeable due to debtor's false representation as to use of insurance proceeds.
Issue(s)
Was debt to seller of real property, who was owed a balance, nondischargeable on grounds that debtors misrepresented that insurance proceeds would be used to repair hail damage?
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Court
:
Buford v. U.S. Bank Natl Assn (In re Buford)
Feb
12
2014
Ruling
Lien avoided where underlying claim was satisfied by refinancing.
Issue(s)
Could chapter 7 debtor avoid lien where underlying debt was satisfied by debtor's refinancing?
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Court
:
- 11 U.S.C.
In re McBeth
Jan
31
2014
Ruling
Bankruptcy petition preparer fined for violating consent judgment with improper actions taken on behalf of debtor.
Issue(s)
Should bankruptcy petition preparer be sanctioned for violating consent order permanently barring his operating in that capacity?
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Court
:
- 11 U.S.C.
Hagan v. Angus Ink Bingman Publns LLC (In re Angus Topics Inc.)
Sep
30
2013
Ruling
Fraudulent transfer proceeding dismissed absent evidence of transfers for less than reasonably equivalent value.
Issue(s)
Did debtor cattle magazine publisher fraudulently transfer assets to its principal.
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Court
:
- 11 U.S.C.
Zimmerman v. SSA (In re Zimmerman)
Jul
08
2013
Ruling
Social Security Administration's withholding of portion of disability benefits as offset of workers' compensation benefits held not to violate stay on reconsideration.
Procedural posture
Chapter 7 debtor filed a complaint against defendant Social Security Administration (SSA) alleging that the SSA violated the automatic stay and the discharge injunction by wrongfully withholding a portion of his social security disability benefits. The SSA moved for reconsideration of the court's order denying its motion to dismiss for failure to state a claim on which relief could be granted.
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Court
: