- 11 U.S.C.
In re Tarnowski
Feb
11
2009
Ruling
Reaffirmation agreement could not be approved due to debtor's lack of fixed salary and failure to exhaust less expensive options.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. The debtors sought to reaffirm a debt to a creditor for the financing of the debtors' vehicle.
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In re Byers
Feb
11
2009
Ruling
Approval of reaffirmation agreement denied due to failure to rebut presumption of undue hardship.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor sought approval of a reaffirmation agreement between the debtor and a creditor, pursuant to 11 U.S.C.S. § 524(c). The debtor was represented by counsel.
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Jackson v. Bryant (In re Bryant)
Feb
03
2009
Ruling
Marital debts were nondischargeable where debtor cited only state of economy as cause of possible reduced future earnings.
Procedural posture
Plaintiff, defendant debtor's former spouse, filed an adversary proceeding seeking a determination that marital debts were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(5) or (a)(15).
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- 11 U.S.C.
Pearce v. E.L.W. Corp. (In re Pearce)
Jan
27
2009
Ruling
Creditor subcontractor's contacting police to commence criminal charges against debtor violated stay.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for sanctions for violation of the automatic stay under 11 U.S.C.S. § 362 and the permanent injunction under 11 U.S.C.S. § 524(a).
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- 11 U.S.C.
Frances E. Bain Estate v. Hammen (In re Hammen)
Jan
23
2009
Ruling
Claim for trespass was not excepted from discharge absent evidence of willful or malicious conduct.
Procedural posture
Plaintiff, the estate of a deceased property owner, filed a complaint against defendant chapter 7 debtors, alleging that the debtors encroached on the owner's land when they constructed a pond on their adjacent property. It sought damages and an exception from discharge due to fraud or willful injury under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
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- 11 U.S.C.
Farmers Savings Bank v. Kucera (In re Kucera)
Jan
16
2009
Ruling
Dischargeability complaint filed on next business day after expiration of 60-day deadline was timely.
Procedural posture
Chapter 7 debtors filed a motion to dismiss plaintiff creditor's complaint, which sought to determine the dischargeability of debt owed it by the debtors under 11 U.S.C.S. § 523(a)(2), on the grounds that the complaint was untimely filed pursuant to Fed. R. Bankr. P. 4007(c).
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- 11 U.S.C.
In re Wait
Dec
30
2008
Ruling
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
Procedural posture
The chapter 7 trustee objected to the debtor's claim of a homestead exemption under Iowa Code §§ 499A.18, 561.16, 561.19, and 561.20. The debtor moved for abandonment of property, asserting that the mortgage encumbering the property was an executory contract under 11 U.S.C.S. § 365(d)(1), because the trustee did not assume or reject it, it was deemed rejected.
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:
- 11 U.S.C.
In re Sickels
Nov
20
2008
Ruling
Objection to recission of reaffirmation agreement on grounds of mutual mistake overruled.
Procedural posture
When debtors, a married couple who had filed a chapter 7, attempted to rescind a reaffirmation agreement that they had executed with a credit union that held an unrecorded mortgage on their residence, on the ground of mutual mistake, the credit union objected. At issue, inter alia, was whether the statutory period for rescission under 11 U.S.C.S. § 524(c) had expired.
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- 11 U.S.C.
Chase Bank USA v. Swanson (In re Swanson)
Nov
13
2008
Ruling
Credit card debt incurred for "luxury goods" was nondischargeable.
Procedural posture
Creditor, a credit card issuer, filed an adversary complaint alleging that certain of debtor's obligations on a credit card issued by creditor were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (C) as luxury goods or on the basis that debtor did not intend to pay the amounts involved. Debtor denied that the debt was nondischargeable. The matter was tried to the court.
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- 11 U.S.C.
In re Smith
Oct
31
2008
Ruling
Real estate commissions earned prior to petition date were property of the estate and subject to turnover.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A trustee filed a motion for turnover of real estate commissions, pursuant to 11 U.S.C.S. §§ 541 and 542, claiming that the debtor earned the commissions prior to filing for bankruptcy and that the commissions were property of the estate.
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