- 11 U.S.C.
In re Thornton
May
23
2016
Ruling
Confirmation of plan including cramdown of secured claim denied due to undervaluation of mobile home and insufficient payments to secured creditor.
Issue(s)
Could claim secured by debtor's manufactured home be crammed down in debtor's plan?
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Court
:
- 11 U.S.C.
In re Payan
Feb
16
2016
Ruling
Continuing automatic deductions by creditor violated the automatic stay.
Issue(s)
Did lender's continuation of automatic deductions towards motor vehicle loan beyond the petition date violate the automatic stay?
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Court
:
In re Atlas Red-D Mix Inc.
Nov
10
2015
Ruling
Chapter 7 case of debtor that had been out of business for more than two years dismissed for bad faith.
Issue(s)
Should case of debtor that had been out of business for two years and had only one large creditor be dismissed for bad faith?
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Court
:
In re Daves Detailing Inc.
Jul
30
2015
Ruling
Confirmation denied due to lack of feasibility and improper classification of claims.
Issue(s)
Could either plan of debtor or that filed by creditor competitor be confirmed?
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Court
:
- 11 U.S.C.
Boone Cnty. Utils. LLC v. Branham Corp. (In re Boone Cnty. Utils. LLC)
May
08
2015
Ruling
Judgment creditor sanctioned for pursuing unwarranted state court collection activity subsequent to chapter 11 plan confirmation order.
Issue(s)
Should creditor be sanctioned for aggressive collection activity against debtor that conflicted with the terms of debtor's confirmed plan?
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Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Feb
25
2014
Ruling
Debt related to evicted debtor's failure to maintain premises was dischargeable.
Issue(s)
Did debtor owe landlord mother-in-law a nondischargeable debt due to leaving premises with large amounts of garbage, three damaged garage doors, a dented steel entry door with a damaged frame, a broken interior bi-fold door, missing kitchen cabinet doors and drawers, six door panels missing with broken locks, insulation ripped from some walls, holes in interior walls, a missing stairway banister, carpet that was saturated with animal urine and feces, damage to half of the electric sockets, damaged soffits and rotted food in a freezer that had been unplugged?
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Court
:
In re Uptown Bus. Ctr. LLC
Oct
15
2013
Ruling
Case dismissed due to environmental issues and inability to reorganize.
Issue(s)
Whether secured creditor established cause to dismiss under 11 U.S.C.S. § 1112(b).
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Court
:
- 11 U.S.C.
Muir v. McWilliams (In re Muir)
Aug
16
2013
Ruling
Creditor who did not receive notice of case could pursue nondischargeability issue in state court.
Issue(s)
Could creditors inadvertently omitted from debtors' schedules have a right to pursue issue of nondischargeability in state court.
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Court
:
In re Reed
May
14
2013
Ruling
Case dismissed as noncontingent guaranteed debt caused debtor to exceed chapter 13 limits.
Procedural posture
Both the chapter 13 trustee and the debtor's former spouse moved by separate motions to dismiss the chapter 13 case on the basis that the debtor owed debts that exceeded the allowable amounts provided for under 11 U.S.C.S. § 109(e).
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Court
:
- 11 U.S.C.
In re Porter
Apr
19
2013
Ruling
Judicial lien of creditor who purchased, prepetition, future payments for auto accident settlement, could not be avoided.
Procedural posture
Debtor filed a motion to avoid the judicial lien of creditor, which had purchased, pre-petition, debtor's structured schedule of future payments from an auto accident settlement, and the creditor's objection to that motion.
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Court
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