- 11 U.S.C.
Cardenas v. Luna Auto Sales (In re Cardenas)
Jun
26
2015
Ruling
Damages assessed for creditor's postpetition repossession and delay in returning debtor's truck.
Issue(s)
Was creditor's postpetition repossession of debtor's truck and subsequent delay in returning the vehicle, in violation of the automatic stay, grounds for sanction?
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Court
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Nomellini v. United States of IRS (In re Nomellini)
Jun
25
2015
Ruling
Plan confirmation did not modify IRS lien rights, entitling IRS to a share of sale proceeds, despite payment of allowed claim in full through the plan.
Issue(s)
Was IRS bound to the amount of its secured claim as stated in and paid pursuant to confirmed chapter 13 plan or was it entitled to payment of the full amount of its claim from proceeds of sale of debtor's property by virtue of its lien?
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Court
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In re Adlawan
Jun
25
2015
Ruling
Debtor could not reconvert one year-old case to chapter 13 where proposed plan would exceed 60-month requirement given the age of the case.
Issue(s)
Did proposed chapter 13 plan with a term of 60 months, in case reconverted to chapter 13 plan from chapter 7, exceed the 60 month requirement where the case was twelve months old?
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Court
:
- 11 U.S.C.
Bustamante & Gagliasso P.C. v. Wright (In re Wright)
Jun
24
2015
Ruling
Attorneys fees and costs associated with nondischargeable judgment were also nondischargeable.
Issue(s)
Whether attorneys for a creditor were entitled to judgment on the pleadings in connection with their adversary proceeding seeking a judgment of nondischargeability under 11 U.S.C.S. § 523(a)(6) with respect to attorney's fees awarded by a district court in connection with litigation between the creditor and debtor.
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Court
:
Gill v. Sharma (In re Sharma)
Jun
18
2015
Ruling
State court judgment provided basis for nondischargeability for willful and malicious injury but not fraud.
Issue(s)
Was debt based on state court judgment nondischargeable as resulting from willful or malicious injury or fraud?
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Court
:
- 11 U.S.C.
Schoenmann v. Chen (In re Chen)
Jun
08
2015
Ruling
Trustee's motion to vacate evocation of discharge in light of settlement denied.
Issue(s)
Whether a court should grant a chapter 7 trustee's motion to vacate the revocation of debtor's discharge under 11 U.S.C.S. § 727 where, after six years of unsuccessful attempts to collect any amount, the trustee and debtor reached a compromise pursuant to which the debtor paid an amount in full satisfaction of his liability under the judgment.
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Court
:
Van Durden v. Redwood Radiology Grp. Inc. (In re Van Durden)
Jun
02
2015
Ruling
Debtor not entitled to damages for alleged emotional harm from creditor's stay violations.
Issue(s)
Was debtor entitled to damages for emotional harm allegedly caused by creditor's violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re Porras
May
14
2015
Ruling
Terms of proposed modified plan apply during period between filing of the motion to modify and denial of the modification.
Issue(s)
When a motion to modify is filed, do the terms of the modified plan apply until the motion is ruled upon or the terms of the original plan?
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Court
:
- 28 U.S.C.
Daake v. C.D. Jones & Co (In re C.D. Jones & Co.)
May
12
2015
Ruling
Action to collect judgment against debtor's principal was properly removed to bankruptcy court.
Issue(s)
Were state court collection proceedings against debtor's principal properly removed to the bankruptcy court?
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Court
:
- FRBP
In re Nakhuda
Apr
27
2015
Ruling
Debtor's attorney sanctioned for making unsupported arguments and failing to get original signatures on court filings.
Issue(s)
Should debtor's attorney be sanctioned for conduct in case?
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Court
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