- 11 U.S.C.
In re Maxwell
Nov
08
2013
Ruling
Plan modification denied as not proposed in good faith due to failure to share benefits of increased income and loan modification with creditors.
Issue(s)
Was trustee's "good faith" objection to modified plan appropriate, on grounds that the modification did not reflect increase in debtors' income or amount saved on loan modification, where distribution to creditors was not decreased.
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Court
:
- 11 U.S.C.
Landis v. Orozco (In re Orozco)
Oct
21
2013
Ruling
Debtor serial filer's fourth case dismissed with prejudice due to bad faith and abuse of system.
Issue(s)
Should serial filer's fourth case be dismissed for bad faith.
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Court
:
- 11 U.S.C.
Argyle Online LLC v. Neilson (In re GGW Brands)
Oct
03
2013
Ruling
"Assignments" within two years of petition date were avoidable as fraudulent transfers.
Issue(s)
Were Assignments" transfers of an interest in property made or incurred on or within two years before the petition date with actual intent to hinder, delay, or defraud that should be avoided?
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Court
:
In re City of Stockton
Sep
18
2013
Ruling
Stay did not apply in city's chapter 9 case to non-monetary litigation brought by citizens.
Issue(s)
Was citizen's ballot statement litigation, not seeking monetary award, barred by stay .
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Court
:
- 11 U.S.C.
In re Cortez
Jul
10
2013
Ruling
Bankruptcy petition preparer fined and ordered to disgorge fees due to failure to sign petition, file Official Form 19 and for nondisclosures.
Procedural posture
The U.S. Trustee's Motion For Fines And Disgorgement To Debtor Under 11 U.S.C.S. § 110 came on for hearing. The U.S. Trustee's pleadings were unopposed.
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Court
:
In re Cabral
Jun
03
2013
Ruling
Chapter 12 debtor's third case in 29 months dismissed with 180 day filing bar due to debts in excess of limits and bad faith.
Procedural posture
Debtors Antonio filed three chapter 12 bankruptcies in the last 29 months. A creditor moved to dismiss the third bankruptcy and sought a 180 day filing bar.
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Court
:
- FRBP
In re City of Stockton
Apr
24
2013
Ruling
Chapter 9 debtor's settlement of claim involving certificates approved.
Procedural posture
Debtor City of Stockton, California, declared chapter 9 bankruptcy and asked the court to approve a Stipulation and Settlement Agreement it negotiated with the Stockton (California) Public Finance Authority, an insurer, and a bank that served as trustee under a trust agreement, with respect to certain certificates the City issued. The court held a hearing on the City's motion.
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Court
:
- 11 U.S.C.
Ewais v. Hsia (In re Hsia)
Apr
10
2013
Ruling
Judgment debt based on theft was nondischargeable.
Procedural posture
In an adversary proceeding, the issue concerned the dischargeability of a debt, previously established in state court, which arose from a theft by defendant debtor of plaintiff individual's personal property.
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Court
:
- 11 U.S.C.
Rose v. Healy (In re Healy)
Mar
29
2013
Ruling
Fees and costs awarded to creditor for defending meritless lawsuit brought by debtor were nondischargeable.
Procedural posture
Plaintiff judgment creditor sought to except from defendant debtor's chapter 7 discharge the fees and costs she incurred while defending a meritless lawsuit brought against her by the debtor. The creditor maintained that the prosecution of the suit was both willful and malicious under 11 U.S.C.S. § 523(a)(6).
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Court
:
- FRBP
Robinson v. Lawrence (In re Lawrence)
Mar
21
2013
Ruling
Creditor's attorney sanctioned for filing adversary proceeding seeking revocation of discharge after passing of deadline for objection to discharge.
Issue(s)
Whether a creditor who filed an adversary proceeding seeking revocation of a chapter 7 debtor's discharge after the deadline for seeking an order denying the debtor's discharge had passed was subject to sanctions under Fed. R. Bankr. P. 9011(b).
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Court
: