- 11 U.S.C.
Hamilton v. Hamilton (In re Hamilton)
Jun
16
2008
Ruling
Discharge denied due to debtor's willful and malicious failure to feed and care for horses as required by divorce decree.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on false oaths, and seeking nondischargeability of debts to the spouse under 11 U.S.C.S. § 523(a)(6), (15) based on willful and malicious injury and failure to deliver personal property awarded to the spouse in the parties' divorce decree.
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Court
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In re Colclasure
Mar
13
2008
Ruling
Debtors required to calculate monthly disposable income from Form 22C regardless of change in financial circumstances.
Procedural posture
The debtors filed for relief under chapter 13 of the United States Bankruptcy Code, and submitted a proposed plan of reorganization. A chapter 13 trustee objected to confirmation. The court held a hearing and issued findings of fact and conclusions of law.
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Court
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In re Risby
Jan
07
2008
Ruling
Court rejected 74 abusive involuntary petitions filed by incarcerated prisoner acting pro se.
Procedural posture
Petitioner, proceeding pro se, sent to the court on December 21, 2007, 74 involuntary petitions for bankruptcy and other miscellaneous documents. The filing fees for the petitions totaled over $22,000, however petitioner tendered only one form to proceed in forma pauperis and not fees. The clerk of the court sought guidance concerning whether or not the petitions should be accepted for filing.
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Court
:
- 11 U.S.C.
EBCO Construction Group LLC v. Garretson (In re Garretson)
Oct
23
2007
Ruling
Simple breach of contract judgment was not sufficient basis for nondischargeability.
Procedural posture
Plaintiff limited liability company (LLC) filed an action against defendant chapter 7 debtor, seeking a judgment determining that a debt the debtor owed was nondischargeable under 11 U.S.C. § 523. The LLC filed a motion for summary judgment.
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Court
:
In re Lasowski
Sep
14
2007
Ruling
Plan confirmed over trustee's objection as court could not require proration of 401(k) loan payments even though loans would be paid off before plan completion.
Procedural posture
A chapter 13 trustee objected to the confirmation of the plan of an above- median debtor. Because the debtor would pay off her 401(k) loan obligations before the completion of the proposed plan, the trustee objected to the debtor claiming a full deduction for the monthly loan payments.
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Court
:
- FRBP
In re Robinson
Aug
29
2007
Ruling
Debtors'attorneys sanctioned for seeking relief from stay to pursue action clearly barred by res judicata and within bankruptcy court jurisdiction.
Procedural posture
Movants filed two motions, seeking sanctions pursuant to Fed. R. Bankr. P. 9011 against the attorneys for chapter 7 debtors.
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Court
:
- 11 U.S.C.
In re Stanford
Aug
03
2007
Ruling
Stay applied to replevin of truck that was property of the estate.
Procedural posture
The debtor filed for relief under chapter 13 in August, 2005, and the matter was dismissed in October, 2006. The debtor filed the current chapter 13 petition in January, 2007. The creditor filed a motion for relief from the automatic stay under 11 U.S.C. § 362(d) and an amended motion for relief from the stay under section 362(c)(3).
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Court
:
- 11 U.S.C.
Rice v. Johnson (In re Johnson)
Jul
19
2007
Ruling
Debtors were liable to estate for failing to obtain available refund of prepetition private school tuition payments.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtors. Pending decision was the remaining issue before the court: whether certain private school tuition payments made prior to debtors'bankruptcy was property of debtors'estate and whether the trustee waited too long to file his complaint with respect to those tuition payments. Also pending was the trustee's amended motion to compel and debtors'motion in limine.
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Court
:
- 11 U.S.C.
Robins v. Educational Credit Mgmt. Corp. (In re Robbins)
Jul
09
2007
Ruling
Debtor living below property level and suffering from severe mental condition granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of his student loans with regard to 11 U.S.C. § 523(a)(8).
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Court
:
In re Belcher
Jun
06
2007
Ruling
Debtors could not turn over insurance proceeds from wrecked vehicle that had been subject to the hanging paragraph in full satisfaction of secured claim.
Procedural posture
Movant creditor objected to confirmation of a modified plan filed by chapter 13 debtors, who had originally agreed to pay the value of the claim in full and to retain the vehicle that secured it. At issue was whether 11 U.S.C. § 1329 or the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") authorized or prohibited a modification allowing debtors to surrender the car in full satisfaction of the claim following a casualty thereto.
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Court
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