- 11 U.S.C.
One Am. Bank v. Jacobson (In re Jacobson)
Mar
27
2015
Ruling
Debt was dischargeable where injury to bank was not willful or malicious.
Issue(s)
Was debtor farmers' obligation to creditor nondischargeable?
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Court
:
Pfeiffer v. Driscoll (In re Pfeiffer)
Mar
17
2015
Ruling
Creditor willfully violated stay by failing to prevent garnishment or return garnished funds despite notice of debtor's bankruptcy.
Issue(s)
Did creditor willfully violate the automatic stay by failing to stop a continuing garnishment of debtor's wages?
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Court
:
- FRBP
In re Zumbach
Mar
09
2015
Ruling
Debtors had standing to object to compromise of untimely tax claim despite failure to file a proof of claim on behalf of the IRS.
Issue(s)
Did debtors have standing to oppose settlement of tax debt for which the IRS filed a late proof of claim?
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Court
:
- 11 U.S.C.
In re Keener
Mar
03
2015
Ruling
Court declined to apply constructive occupancy to allow debtor to claim a homestead exemption.
Issue(s)
Did debt precede debtor's acquisition of allegedly exempt homestead or was debtor in at least constructive possession of the homestead before the debt was incurred?
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Court
:
- 11 U.S.C.
In re Gilbraith
Dec
24
2014
Ruling
Plan was qualified on petition date and in substantial compliance with the Internal Revenue Code so as to be presumed exempt.
Issue(s)
Was pension plan properly qualified and in substantial compliance with the Internal Revenue Code for funds in the plan to be exempt?
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Court
:
SAM REI LLC v. Contl Group LLC (In re Strata Title LLC)
Nov
25
2014
Ruling
Court-appointed special counsel had quasi-judicial immunity on claims for breaches of fiduciary duty to the estate and duty of candor to the court.
Issue(s)
Was court-appointed special counsel entitled to quasi-judicial immunity on claims of breach of fiduciary duty and duty of candor to court?
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Court
:
- 11 U.S.C.
In re Hoefer
Nov
20
2014
Ruling
Auto loan debt was only nondischargeable to the extent covered by hold harmless agreement in favor of debtor's spouse.
Issue(s)
Should auto loan be discharged or held to be nondischargeable only to the extent of a hold harmless agreement in the debtor's divorce decree?
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Court
:
- 11 U.S.C.
Sarachek v. Crown Heights House of Glatt Inc. (In re Agriprocessors Inc.)
Oct
22
2014
Ruling
Payments by debtors while insolvent to pay off loans to third party could be avoided.
Issue(s)
Should payments to transferee be avoided as constructively fraudulent because the payments were not made for reasonably equivalent value or as preferential transfers to an "insider?"
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Court
:
RES-AZ HP 160 LLC v. Gammage & Burnham PLC (In re Kohner)
Sep
25
2014
Ruling
State case that was not shown to be related to bankruptcy remanded.
Issue(s)
Was a state court action properly removed and related to debtor's bankruptcy, and should the court abstain and remand?
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Court
:
- 11 U.S.C.
In re Plymouth Oil Co. LLC
Aug
01
2014
Ruling
Case ordered converted due to continued loss and diminution of estate and lack of likelihood of rehabilitation.
Issue(s)
Should chapter 11 debtor's case be converted to chapter 7 or dismissed due to substantial and continuing loss or diminution to the estate, failure to file timely monthly reports and unpaid quarterly trustee fees?
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Court
: