In re Tallman
Nov
12
2008
Ruling
Petition filed in response to large arbitration award was not filed in bad faith.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The petition was filed after a creditor had initiated proceedings to confirm a $510,000 arbitration award received from the National Association of Securities Dealers. The creditor filed a motion to dismiss the bankruptcy petition for cause, pursuant to 11 U.S.C.S. § 707(a), the debtor had objected to the bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Lommatzsch
Jul
08
2008
Ruling
Unopposed motion to avoid liens allegedly impairing exemptions denied due to insufficient supporting information.
Procedural posture
A bankruptcy debtor moved to avoid judicial liens pursuant to 11 U.S.C.S. § 522(f)(1), alleging that the liens impaired the debtor's exemption in residential real estate. The lienholders did not object to the motion.
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Court
:
- 11 U.S.C.
In re Murdock
Jul
08
2008
Ruling
Unopposed motion to avoid liens impairing exemption denied where the exemption had not been claimed by debtor.
Procedural posture
A bankruptcy debtor moved pursuant to 11 U.S.C.S. § 522(f)(1) to avoid judicial liens, alleging that the liens impaired the debtor's exemption in real estate. The lienholders did not object to the motion.
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Court
:
- 11 U.S.C.
In re Wilson
Jun
17
2008
Ruling
Debtor's chapter 13 case properly dismissed where earlier converted chapter 7 case was still pending for asset administration purposes.
Procedural posture
The court considered sua sponte whether debtor's chapter 13 case was properly dismissed. At issue was whether debtor, who had filed a chapter 13 (Case 1) that had been converted to a chapter 7 and in which a discharge had been granted but which was still pending for purposes of asset administration, was entitled to file a new chapter 13 (Case 2) despite the rule articulated by the U.S. Court of Appeals for the Seventh Circuit in In re Sidebottom.
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Court
:
- 11 U.S.C.
In re Harrison
Apr
07
2008
Ruling
Unsecured claim by county treasurer for unpaid personal property tax allowed over trustee's objection.
Procedural posture
A debtor filed for bankruptcy relief and a county treasurer filed an unsecured claim on behalf of the county for unpaid personal property taxes in the amount of $663. A trustee objected to the claim.
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Court
:
In re Brian Wise Trucking Inc.
Feb
27
2008
Ruling
Relief from stay not necessary after additional adequate protection payments were ordered.
Procedural posture
A debtor filed for relief under chapter 11. A creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d). After a trial , the court ordered payments of $682 per month and found that the collateral was necessary to the reorganization. The parties were asked to submit briefs on issues that were pending after trial.
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Court
:
- 11 U.S.C.
In re Sexton
Jan
11
2008
Ruling
Motions to avoid liens as impairing exemptions denied absent information regarding amount of exemptions claimed.
Procedural posture
Movant debtors filed motions to avoid judicial liens held by a trust company, a finance company, and an LLC, pursuant to 11 U.S.C.S. § 522(f)(1).
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Court
:
In re Baker
Dec
04
2007
Ruling
Stay lifted postdischarge as to abandoned property.
Procedural posture
A creditor filed a motion for relief from the automatic stay of 11 U.S.C.S. § 362(a) in a chapter 7 bankruptcy case and for the abandonment of its collateral from the bankruptcy estate. A debtor objected to the motion.
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Court
:
Warsco v. Drew (In re Drew)
Nov
29
2007
Ruling
Debtor's interest in trust which debtor was entitled to receive on petition date was subject to turnover.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the trustees of a trust, including the bankruptcy debtor, seeking turnover under 11 U.S.C.S. § 542(a) of the debtor's interest in the trust as a trust beneficiary. The trustee moved for summary judgment, and the trustees did not respond to the motion.
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Court
:
- 11 U.S.C.
Revere v. Nelnet (In re Revere)
Oct
22
2007
Ruling
Court refused to grant undue hardship discharge of student loan debt where debtor failed to show hopelessness of repayment.
Procedural posture
Plaintiff debtor filed an adversary proceeding to determine the dischargeability of a student loan pursuant to 11 U.S.C.S. § 523(a)(8) owed to defendant creditor.
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Court
: