In re Feathers
Apr
07
2015
Ruling
SEC lien that was recorded postpetition could be avoided as impairing debtor's homestead exemption.
Issue(s)
Whether a judicial lien recorded after the petition date may be avoided pursuant to 11 U.S.C.S. § 522(f).
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Court
:
- 28 U.S.C.
Nobel Grp. Inc. v. Bank (In re Nobel Grp. Inc.)
Apr
06
2015
Ruling
Bankruptcy court lacked jurisdiction over debtor's action against bank that did not affect confirmed and substantially consummated chapter 11 plan.
Issue(s)
Did the bankruptcy court have jurisdiction over a bank's contract and declaratory judgment claims?
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Court
:
In re Hoover
Mar
24
2015
Ruling
Hardship discharge granted where debtor died with only one plan payment remaining.
Issue(s)
Could a hardship discharge be issued where the debtor died with one plan payment remaining?
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Court
:
In re Mac-Go Corp.
Mar
20
2015
Ruling
Creditor bank entitled to reasonable attorneys' fees.
Issue(s)
Was creditor bank entitled to recover attorneys' fees incurred in motions to dismiss and for summary judgment and in a day-long trial?
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Court
:
In re Hogan
Mar
13
2015
Ruling
Confirmation denied where plan would not give unsecured creditors as much as they would receive in chapter 7.
Issue(s)
Should debtors' third amended chapter 13 plan be confirmed?
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Court
:
- 11 U.S.C.
In re Romero
Mar
13
2015
Ruling
Bank sanctioned for failing to attend required hearing on reaffirmation agreement.
Issue(s)
Should a bank be sanctioned for failing to send a representative to a required hearing on its reaffirmation agreement with debtor?
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Court
:
- 11 U.S.C.
Wilson v. United States (In re Wilson)
Feb
25
2015
Ruling
Penalty on taxes was dischargeable where the original due date on which taxes accrued, though not extension date, was more than three years prior to petition date.
Issue(s)
Whether a penalty for failure to timely file a tax return imposed under 26 U.S.C.S. § 6651(a)(1) with respect to taxes for the year 2008 was discharged under 11 U.S.C.S. § 523(a)(7)(B) where the debtor obtained an extension of time to file his return until October 15, 2009 but failed to file the return until 2011.
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Court
:
Barr v. Ogilvie (In re Ogilvie)
Feb
23
2015
Ruling
Debt for alleged unauthorized spending of inheritance was dischargeable given evidence of decedent's intentions and lack of express trust that would have created a fiduciary duty.
Issue(s)
Was claim of decedent's estate administrator based on debtor's alleged misuse of inheritance funds nondischargeable?
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Court
:
Bennett v. Wellman (In re Wellman)
Feb
09
2015
Ruling
Grounds did not exist for nondischargeability if debtors owed creditors a debt, which they did not.
Issue(s)
Did debtors' owe creditors a nondischargeable debt resulting from their failed business venture?
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Court
:
Gillon v. Saini (In re Saini)
Jan
30
2015
Ruling
Debt to sellers of property was nondischargeable where debtors made misrepresentations regarding purchase price and intentionally failed to comply with purchase agreement.
Issue(s)
Were damages awarded to creditor sellers of property resulting from debtors' breach of a memorandum of agreement for the purchase nondischargeable?
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Court
: