- 11 U.S.C.
Burkart v. Patel (In re Singh)
May
15
2014
Ruling
Transfers pursuant to established Ponzi scheme were avoidable as fraudulent.
Issue(s)
Were payments made by debtor pursuant to Ponzi scheme avoidable as fraudulent?
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Court
:
- 11 U.S.C.
In re Kutumian
May
15
2014
Ruling
Debtor awarded attorneys' fees and costs incurred prior to termination of stay violation.
Issue(s)
What was the appropriate amount of damages, specifically attorney's fees and costs, that the debtor can recover as a result of the knowing violation of stay by creditor in pursuing construction defects action?
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Court
:
In re Perez
May
14
2014
Ruling
Debtors' third chapter 11 case ordered converted or dismissed with filing bar.
Issue(s)
Should debtors' third chapter 11 case filed within 18 months be dismissed with a 180-day filing bar?
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Court
:
- 11 U.S.C.
Maxwell v. Maxwell (In re Maxwell)
Apr
09
2014
Ruling
Diversion of trust funds by debtor trustee's wife did not amount to defalcation on part of debtor.
Issue(s)
Did debtor trustee commit fiduciary defalcation by allowing debtor's spouse, a bank officer, to access and handle trust funds when the spouse diverted some of the funds for personal use?
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Court
:
In re Grant
Mar
10
2014
Ruling
Law firm's motion for approval of employment nunc pro tunc denied due to wrongful retention of proceeds of debtor's wrongful death action to cover fees.
Issue(s)
Should the estate pay for unauthorized legal services rendered by a law firm that it never hired?
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Court
:
- 11 U.S.C.
In re Azevedo
Mar
04
2014
Ruling
Order for contempt for violation of discharge injunction denied absent showing that dischargeability of unscheduled debt had been adjudicated in no asset case.
Issue(s)
Did creditor violate discharge injunction by seeking to collect debt that was unscheduled in debtor's no-asset chapter 7 case?
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Court
:
- 11 U.S.C.
Hume Smith Geddes Green & Simmons LLP v. Hawkins (In re Hummer Transp.)
Feb
03
2014
Ruling
Bankruptcy court did not err in finding that attorney employed to pursue malpractice action on behalf of estate was disinterested.
Issue(s)
Did bankruptcy court err in approving employment of attorney as special counsel to handle estate's malpractice action where the attorney did not disclose facts regarding a personal injury action previously handled against the debtor?
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Court
:
In re South Lakes Dairy Farm
Jan
22
2014
Ruling
Fees of attorneys for committee of unsecured creditors approved as reasonable given waiver of fees for defending final application and limitation on fees in prior fee applications.
Issue(s)
Should final fee application of attorneys for unsecured creditors' committee be allowed?
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Court
:
- 28 U.S.C.
Agha v. CitiMortgage Inc. (In re Agha)
Dec
17
2013
Ruling
Adverse rulings and misconduct complaint were not grounds for recusal of bankruptcy judge.
Issue(s)
Were adverse rulings in a prior case and a complaint of judicial misconduct sufficient grounds for removal of bankruptcy judge.
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Court
:
- 28 U.S.C.
In re Bulmer
Dec
05
2013
Ruling
Dismissal of involuntary case was not grounds for recusal of bankruptcy judge.
Issue(s)
Should bankruptcy judge be recused based on dismissal of involuntary petition.
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Court
: