- 11 U.S.C.
Fatirian v. Javedanfar (In re Javedanfar)
Jun
09
2016
Ruling
Retaining of LLC distributions erroneously sent by distributor to debtor rather than trustee was not grounds for denial of discharge.
Issue(s)
Should debtor’s discharge be revoked due to failure to timely report LLC distributions, which were property of the bankruptcy estate, to the chapter 7 Trustee
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Court
:
- 11 U.S.C.
In re Hunt
May
12
2016
Ruling
Settlement of adversary proceeding to recover real property settled in best interests of the estate and creditors.
Issue(s)
Should trustee's settlement of adversary proceeding for the recovery of real property be approved?
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Court
:
Conaway v. Gardner (In re Gardner)
Dec
01
2015
Ruling
Nondischargeability claims against debtor by widow who failed to testify failed.
Issue(s)
Was judgment claim brought by widow of deceased creditor nondischargeable?
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Court
:
Klein v. Khilji (In re Klein)
Nov
04
2015
Ruling
Deceased debtor's proceeding based on fraud dismissed due to lack of standing as the cause of action was property of the estate.
Issue(s)
Should deceased debtor's fraud proceeding be dismissed?
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Court
:
Citibank N.A. v. Cowart (In re Cowart)
Oct
29
2015
Ruling
State law unlawful detainer and quiet title actions remanded to state court.
Issue(s)
Should removed proceedings for unlawful detainer and quiet title under state law be remanded to state court?
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Court
:
- 11 U.S.C.
Goodrich v. Hunt (In re Robert W. Hunt M.D.)
Oct
16
2013
Ruling
Trustee of living trust did not have right to jury trial on allegations of interference with administration of bankruptcy estate and violation of stay.
Issue(s)
Did trustee of living trust have a right to a jury trial on allegations of interference with administration of bankruptcy estate and violation of stay.
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Court
:
- 11 U.S.C.
In re Hassen Imps. Pship
Mar
07
2012
Ruling
Debtor's holdings did not constitute single asset real estate as noncontiguous leased parcels did not function as a single project.
Procedural posture
Movants, two city community development commissions (CDCs), asked the court to rule that the holdings of debtor limited partnership, a real estate developer that had leased certain real estate to affiliated entities, constituted "single asset real estate" (SARE) as that term was defined by 11 U.S.C.S. § 101(51B) so that the conditions for relief from stay in 11 U.S.C.S. § 362(d)(3) were met.
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Court
:
In re Jensen
Nov
12
2008
Ruling
Dismissal for abuse under totality of circumstances test denied where result would contradict policies behind means test.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(3)(B). The UST conceded that the debtors' petition did not trigger the "presumption of abuse" under the § 707(b)(2) Means Test. However, the UST argued that the debtors' petition was abusive pursuant to § 707(b)(3)(B) because of the "totality of the circumstances"test.
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Court
:
- 11 U.S.C.
In re Morales
May
08
2008
Ruling
Redemption value of vehicle set at Blue Book value on date of hearing.
Procedural posture
Debtor moved for authority to redeem personal property and approval of associated financing under 11 U.S.C.S. § 722. The matter was before the court to determine the appropriate method for calculating the replacement value of a vehicle under the retail value standard of the second sentence of 11 U.S.C.S. § 506(a)(2).
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Court
:
- 11 U.S.C.
In re Canales
Oct
31
2007
Ruling
Debtor who owned vehicle free and clear was not entitled to transportation ownership deduction.
Procedural posture
The U.S. Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(1).
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Court
: