- 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
:
In re Altmeyer
Oct
02
2014
Ruling
Trustee's motion for sale of property free and clear denied as property had revested with debtor upon plan confirmation.
Issue(s)
Should trustee's postconfirmation motion for sale of estate property free and clear be granted?
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Court
:
- 11 U.S.C.
In re Downer
Jul
16
2014
Ruling
Claim for child support arrearage for medical expenses was a nondischargeable domestic support obligation that was entitled to first priority.
Issue(s)
Was claim for past medical expenses on debtor's and former spouse's child that the debtor was previously ordered to pay and for additional healthcare costs for the child not covered by health insurance a nondischargeable domestic support obligation and entitled to priority treatment?
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Court
:
- 11 U.S.C.
Bruegge v. WBCMT 2007 C 33 Mid Am. Lodging LLC (In re HIE of Effingham LLC)
Mar
28
2014
Ruling
Bankruptcy court erred in granting trustee's motion to modify stipulation and order for abandonment hotel that was proper as originally ordered.
Issue(s)
Did bankruptcy court err in finding that the absence of a maturity date and/or interest rate did not allow the bankruptcy trustee to avoid a mortgage under state law and finding that a hotel's abandonment was ineffective?
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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
:
- 28 U.S.C.
Contegra Constr. Co. LLC v. Sutpen (In re Advance Iron Works Inc.)
May
22
2013
Ruling
Debtor could not utilize removal process to bring state court litigation before bankruptcy court.
Procedural posture
Creditor filed an adversary proceeding against the corporate debtor's officer and majority shareholder. The debtor removed the case to the court and filed a motion to transfer the case to the home court. Plaintiff filed a motion to remand.
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Court
:
- 11 U.S.C.
Bruegge v. WBCMT 2007-C33 MID Am. Lodging (In re Estate of HIE of Effingham LLC)
Mar
29
2013
Ruling
Improper abandonment order modified but mortgage on property could not be avoided.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against mortgage creditor seeking to modify a stipulated order which provided for abandonment of a bankruptcy debtor's hotel property based on a settlement upon which the debtor defaulted, and seeking to avoid the creditor's mortgage lien as unenforceable. The trustee moved to modify the stipulated abandonment order and the creditor moved to dismiss the avoidance claim.
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Court
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