- 11 U.S.C.
Doeling v. Coating Specialties LLC (In re Toftness)
Nov
29
2010
Ruling
Discharge properly revoked due to debtor's failure to disclose ownership of two LLCs or report payments received from energy company.
Procedural posture
Chapter 7 trustee filed an action against defendants, a debtor and several businesses and financial entities, seeking an order under 11 U.S.C.S. § 727(d)(2) which revoked a discharge the debtor received after he declared chapter 7 bankruptcy. The U. S. Bankruptcy Court for the District of Minnesota entered an order revoking the debtor's discharge, and the debtor appealed.
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Court
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Judge or Jurisdiction information not available
Lovald v. Tenyson (In re Wolk)
Oct
14
2010
Ruling
Denial of motion to sell property free and clear of co-owner's interest reversed and remanded for consideration of trustee's interest as bona fide purchaser.
Procedural posture
Appellant, a Chapter 7 trustee, challenged a decision of the United States Bankruptcy Court for the District of South Dakota, which denied the trustee's request to sell jointly owned real estate free and clear of defendant debtor's co-owner's interest pursuant to 11 U.S.C.S. § 363(h).
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Maser
Aug
26
2010
Ruling
Property settlement agreement was not a nondischargeable domestic support order.
Procedural posture
Following the settlement of a claim filed by a chapter 13 debtor's former spouse, the remaining issues were whether a monetary judgment identified in the stipulation as the "property judgment" and the attorney fee award to the spouse constituted domestic support obligations entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A).
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Court
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Alpine Retirement Ctr. V. Cunningham (In re Cunningham)
Aug
19
2010
Ruling
Debtor's debt to mother's retirement center was dischargeable absent fraud or breach of fiduciary duty.
Procedural posture
Plaintiff creditor, a retirement center, sought denial of a Chapter 7 debtor's discharge under 11 U.S.C.S. § 727(a)(4). In the alternative, the creditor sought a determination that the debt owed to it was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and 11 U.S.C.S. § 523(a)(4).
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Court
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Zapata v. McCormick (In re McCormick)
Jul
27
2010
Ruling
Discharge denied due to debtor's undisclosed transfers made with intent to hinder, delay or defraud creditors.
Procedural posture
Plaintiff judgment creditor objected to the discharge of defendant debtor under 11 U.S.C.S. § 727(a).
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Court
:
Canet v. Sokol (In re Sokol)
May
07
2010
Ruling
Debtor's billing, collection and use of fees for delivery of creditor rancher's hay did not result in nondischargeable debt where he did not represent that he was acting on behalf of creditor.
Procedural posture
Creditors filed an adversary proceeding against defendant chapter 7 debtors seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4) and that discharge should be denied under 11 U.S.C.S. § 727(a)(2) and (a)(4). The creditors moved for summary judgment, and the debtors objected.
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Court
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- 11 U.S.C.
In re Barlow
May
06
2010
Ruling
Debtors' attorneys' fee application granted with reductions for unreasonable and unnecessary time that did not benefit estate.
Procedural posture
An attorney filed a final application for fees and expenses pursuant to 11 U.S.C.S. § 330 and Fed. R. Bankr. P. 2016(a) for services as chapter 11 counsel to the debtors. Objections were filed by a creditor and by the United States Trustee.
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Court
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In re Gutschow
Apr
19
2010
Ruling
Isolated calendaring error by creditor's counsel was excusable neglect allowing to late filing of proof of claim.
Procedural posture
A judgment creditor filed a motion for leave to file a proof of claim in a chapter 11 debtor's case out of time pursuant to Fed. R. Bankr. P. 9006(b)(1). Another creditor objected.
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Court
:
- 11 U.S.C.
In re Highfield
Mar
19
2010
Ruling
Plan confirmation denied due to improper subordination of fully secured creditor's claim.
Procedural posture
A chapter 13 debtor sought confirmation of his confirmed plan. A creditor with two claims filed an objection on the grounds that the debtor's plan did not fully surrender an interest in certain collateral, that as a fully secured creditor, it was entitled to receive the contractual interest rate over the life of the plan, and that the plan subordinated the payment of secured creditors to the payment of fees for the debtor's attorney.
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Court
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- 11 U.S.C.
In re Labenz
Mar
04
2010
Ruling
Former spouse's claim based on divorce decree for payment of home loan never secured by second mortgage as intended allowed.
Procedural posture
A divorce decree awarded a bankruptcy debtor a marital home and required the debtor to pay the first and second mortgages on the home and, during the process of selling the home in the bankruptcy case, the debtor discovered that the second mortgage lien was released as invalid since it was only signed by the debtor's former spouse. The spouse moved for payment of his claim for his liability on the second mortgage.
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Court
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