- 11 U.S.C.
Abney v. United States Dept of Educ. (In re Abney)
Nov
10
2015
Ruling
Undue hardship discharge of student loan debt granted where debtor was maximizing earnings potential, had modest expenses but could not meet loan or child support payments.
Issue(s)
Was debtor entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
In re Cotton
Sep
22
2015
Ruling
Debtors not entitled to payment of remaining insurance proceeds from vehicle accident where allowed claim of creditor secured by vehicle had not been paid in full.
Issue(s)
Whether motor vehicle creditor's lien covers insurance proceeds in excess of its allowed secured claim?
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Court
:
- 11 U.S.C.
In re OSullivan
Jun
04
2015
Ruling
Judgment lien on residence owned by debtor and non-debtor spouse as tenants by the entireties avoided as impairing debtor's homestead exemption.
Issue(s)
Did judgment lien on property held by the entireties by debtor and non-debtor spouse be avoided as impairing debtor's homestead exemption?
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Court
:
- 11 U.S.C.
In re Dunaway
May
19
2015
Ruling
Filing of proof of claim barred by statute of limitations did not violate the Fair Debt Collection Practices Act.
Issue(s)
Did filing of claim barred by the statute of limitations violate the Fair Debt Collection Practices Act?
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Court
:
- 11 U.S.C.
Kaler v. Slominski (In re Keeley & Grabanski Land Pship)
May
14
2015
Ruling
Bankruptcy court did not err in denying setoff to transferee in avoidance proceeding absent supporting evidence.
Issue(s)
Was transferee entitled to a good faith setoff against amount of transfer avoided by trustee?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Phillips 66 Co. v. Miltenberger (In re Miltenberger)
May
08
2015
Ruling
Forged guaranty was not grounds for nondischargeability absent evidence that the debtor knew of the forgery.
Issue(s)
Was a forged guaranty a basis for holding debt to be nondischargeable?
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Court
:
- 11 U.S.C.
In re Haines
Apr
14
2015
Ruling
Exemption allowed in brokerage account held by debtor and non-debtor spouse as tenants by the entirety.
Issue(s)
If a couple has the choice of checking the "tenants by the entirety" box on an account application, but fails to do so, is that failure sufficiently strong evidence to overcome the presumption when a bankruptcy trustee objects to the debtor's exemption of that account as entireties property?
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Court
:
- FRBP
Williams v. Living Hope Southeast LLC (In re Living Hope Southwest Med. Servs. LLC)
Jan
29
2015
Ruling
Order denying reconsideration of sanctions issued against creditor for filing "corrected" pleading that retained substance of original offensive pleading.
Issue(s)
Did the bankruptcy court err in denying motion by debtor's owner and controlling shareholder for reconsideration of sanctions against him for filing "corrected" pleading that repeated the false and malicious allegations of the original pleading?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Regier
Jan
27
2015
Ruling
IRS did not violate the discharge injunction by attempting to collect taxes for which debtor filed late returns within two years before the petition date.
Issue(s)
Did the IRS violate the discharge injunction by seeking to collect a general unsecured tax claim?
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Court
:
- 11 U.S.C.
In re Regier
Jan
27
2015
Ruling
IRS did not violate the discharge injunction by attempting to collect taxes for which debtor filed late returns within two years before the petition date.
Issue(s)
Did the IRS violate the discharge injunction by seeking to collect a general unsecured tax claim?
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Court
: