BCB Contr. Servs., LLC, In re
Sep
17
2021
Ruling
Sanctions were awarded against the attorney for filing a frivolous petition in bad faith and foran improper purpose. (Bankr. D. Ariz.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies
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Court
:
- 11 U.S.C.
Brown, In re--Fuciarelli v. Brown
Sep
16
2021
Ruling
Debt was nondischargeable where debtor intended to deceive plaintiff when he told him thatthe money would be used for business working capital, to expand the business, and to hirenew employees. (Bankr. D. Ariz.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Welte Testamentary Trust, In re
Apr
22
2021
Ruling
Creditor trust did not have an unenforceable claim and lacked standing to file a motion todismiss debtor’s case. (Bankr. N.D. Iowa)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.
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Court
:
McQuillen Place Co., In re
Mar
30
2021
Ruling
Trustee's proposed sale and settlement of claim was approved as fair, reasonable, and in thebest interest of the bankruptcy estate. (Bankr. N.D. Iowa)
Issue(s)
Compromise and Arbitration.
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Court
:
- 11 U.S.C.
McLachlan, In re
Feb
25
2021
Ruling
Motion to extend automatic stay was denied because of debtor's bad faith due to recklessgambling, nonperformance in previous cases and repetitive filings which demonstrated anabuse to the provisions. (Bankr. N.D. Iowa)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Vanhorn, In re--Upper Explorerland Reg'l Planning Comm'n v. Vanhorn
Feb
25
2021
Ruling
Creditor was not entitled to summary judgment that his claim was nondischargeable ongrounds of willful and malicious injury as he did not show that debtor intended to causeplaintiff financial harm. (Bankr. N.D. Iowa)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
Kurtenbach, In re
Nov
30
2020
Ruling
Court granted an oversecured creditor's application for attorneys' fees and costs but reducedthe amount requested by 30% finding the request amount unreasonable. (Bankr. N.D. Iowa)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 28 U.S.C.
Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes
Apr
30
2020
Ruling
Abstention was warranted under § 1334(c)(1) as the possible impact on the estate was smalland the case was not a core bankruptcy proceeding. (Bankr. N.D. Iowa)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
Devries, In re
Apr
28
2020
Ruling
Chapter 12 debtors with capital gains tax could obtain a refund of withheld income taxes tothe bankruptcy estate. (Bankr. N.D. Iowa)
Issue(s)
Claim by a Governmental Unit Based on the Disposition of Property Used in a Farming
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Court
:
- 11 U.S.C.
Freed, In re
Apr
24
2020
Ruling
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
: