- 11 U.S.C.
Running v. Grimlie (In re Grimlie)
Aug
05
2009
Ruling
Settlement of preference proceeding properly declared void as contrary to state law.
Procedural posture
Debtor appealed a judgment of the U.S. Bankruptcy Court for the District of Minnesota declaring a settlement agreement between debtor and appellee, the chapter 7 trustee, to be void and dismissing the remaining counts in an adversary proceeding that had been filed by the trustee. The agreement had settled claims for preferential transfer by transferring real estate to the trustee, but the conveyance did not comply with state law and was void.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Burnett v. Burnett (In re Burnett)
Jul
07
2009
Ruling
Confirmed chapter 13 plan did not limit obligation to pay domestic support obligations.
Procedural posture
Appellant ex-wife challenged an order of the Bankruptcy Court for the Western District of Arkansas that, per 11 U.S.C.S. § 1327, the confirmed chapter 13 plan in debtor- appellee ex-husband's chapter 13 prevented her from collecting over $300 per month post-discharge on account of certain domestic support obligations. At issue was whether appellant's right to collect such support and accrued interest on the arrearage was limited by the plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re LaGrange
May
27
2009
Ruling
Monetary judgment for premarital expenditures of debtor's former spouse was not a domestic support obligation.
Procedural posture
Hearing was held on debtors' amended objection to a claim. The debtor's former spouse filed a claim in the amount of $ 26,796 as a domestic support obligation.
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Court
:
- 28 U.S.C.
Irwin v. Advanced Polymer Coatings Ltd. (In re Shade Inc.)
Apr
16
2009
Ruling
Bankruptcy court lacked jurisdiction over dispute between debtor's former landlord and purchaser of debtor's assets.
Procedural posture
Defendant, the purchaser of assets of a chapter 7 debtor, sought summary judgment that the court lacked subject matter jurisdiction per 28 U.S.C.S. § 1334 over an adversary complaint filed by plaintiff, who had been debtor's landlord and who owned the land on which debtor's operations had been located. At issue was whether the court had jurisdiction over claims that defendant had improperly removed fixtures from and had damaged the real estate.
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Court
:
- 11 U.S.C.
SSS Enters. v. Foral (In re Foral)
Apr
01
2009
Ruling
State court judgment finding misappropriation did not rise to the level of nondischargeable fraud.
Procedural posture
Judgment creditor filed an action against debtor to have a state court judgment held by the creditor against the debtor in the original amount of $17,683 declared nondischargeable under 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Schreiner
Mar
30
2009
Ruling
Confirmation of chapter 12 plan denied as repayment period for secured creditors was too long.
Procedural posture
The debtors filed for relief under chapter 12 and submitted a proposed plan. Two creditors filed objections to confirmation. The court held a hearing and issued an order.
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Court
:
- 11 U.S.C.
In re Cordle
Mar
19
2009
Ruling
Confirmation denied where plan called for debtor to retain and pay for recreational vehicles at expense of unsecured creditors.
Procedural posture
The chapter 13 trustee filed an objection to the debtors' amended chapter 13 plan on the ground that the plan was not proposed in good faith in violation of 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
In re Greaves
Mar
17
2009
Ruling
Confirmation denied due to debtor's ability to earn substantially more income than devoted to plan.
Procedural posture
The debtors sought confirmation of a chapter 13 plan. The chapter 13 trustee objected to confirmation on the basis that the debtor's plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3). The bankruptcy court held a hearing on the objection.
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Court
:
In re Burival
Feb
26
2009
Ruling
Chapter 11 trustee appointed due to debtors' continued operating loss and inability to meet deadlines.
Procedural posture
A committee of unsecured creditors filed a joint motion to appoint a trustee pursuant to 11 U.S.C.S. § 1104(a), the debtors objected.
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Court
:
Builders Warehouse Inc. v. Johnson (In re Johnson)
Feb
13
2009
Ruling
Debt was dischargeable absent misrepresentation by debtor.
Procedural posture
Plaintiff creditor, a supplier that was still owed money by the chapter 7 debtors, a home builder and his wife, brought an adversary proceeding by which it sought to have the remaining debt declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Court
: