- 11 U.S.C.
In re Rogers
Sep
22
2014
Ruling
Debtor's attorneys not entitled to have their fees paid directly by trustee after denial of confirmation.
Issue(s)
Where chapter 13 case was dismissed prior to confirmation, could debtor's attorneys' fees be paid directly by trustee from preconfirmation monthly payments on hand or were the attorneys required to file a fee application?
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Court
:
- 11 U.S.C.
Daecharkhom v. Waugh Real Estate Holdings LLC (In re Daecharkhom)
Feb
18
2014
Ruling
Bankruptcy court abused discretion by reducing award of reasonable fees due to "special circumstances."
Issue(s)
Did bankruptcy court err in awarding reasonable fees to debtor's attorneys for successful defense of nondischargeability proceeding but reducing the award due to "special circumstances?"
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Court
:
Judge or Jurisdiction information not available
Rediger Invs. Corp. v. H Granados Communs. Inc. (In re H Granados Communs. Inc.)
Dec
24
2013
Ruling
Finding of willful stay violation due to continued prosecution of lawsuit upheld.
Issue(s)
Did creditor's continued prosecution of unlawful detainer action against debtor violate the automatic stay.
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Court
:
Judge or Jurisdiction information not available
- FRBP
Young v. Young (In re Young)
Sep
11
2013
Ruling
Debtor's counsel suspended, reprimanded, fined and ordered to attend CLE due to filing plan for improper purpose and false allegations in adversary proceeding against debtor's former spouse.
Issue(s)
Should debtor's counsel be sanctioned for filing modified plan which failed to provide alimony and fees owed to former spouse and for filing adversary proceeding against former spouse containing untrue allegations.
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Court
:
- 11 U.S.C.
Young v. Young (In re Young)
Jun
10
2013
Ruling
Debtor's former spouse violated stay by pursing contempt order based on domestic support obligation in state court.
Procedural posture
Debtor brought an adversary proceeding against former spouse of the debtor alleging that the spouse willfully violated the automatic bankruptcy stay by pursuing state-court proceedings to hold the debtor in contempt for failing to pay a pre-petition judgment for attorney fees and restitution and failing to pay post-petition alimony.
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Court
:
- 11 U.S.C.
In re White
Nov
06
2012
Ruling
Debtors could not file involuntary proof of claim on behalf of state for postpetition taxes.
Procedural posture
Chapter 13 debtors filed a proposed modification of their plan, a motion for an order of release of the lien of a state, and an involuntary claim on behalf of the state.
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Court
:
- 11 U.S.C.
In re Johnson
Oct
10
2012
Ruling
Confirmation denied due to mischaracterization and deficiencies.
Procedural posture
Mortgage creditor filed an objection to chapter 13 debtors' proposed plan, which sought to classify the creditor's claim as unsecured, on the theory that the parties had entered into a contract for deed rather than a secured mortgage. The creditor asserted that debtors had failed to pay taxes on the real property for a number of years.
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Court
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United States Trustee v. Tran (In re Tran)
Jan
24
2012
Ruling
Discharge denied due to debtor's failure to keep records or explain disappearance of significant assets.
Procedural posture
United States Trustee sought to bar defendant debtor's discharge under 11 U.S.C.S. § 727(a)(3) and (5).
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Court
:
- 11 U.S.C.
In re Bacon
May
26
2011
Ruling
Debtor could not modify plan to accommodate new monthly car payments and increased insurance on Cadillac.
Procedural posture
Approximately five months after confirmation of her plan of reorganization, a debtor sought to modify the plan pursuant to 11 U.S.C.S. § 1329. The bankruptcy trustee filed an objection.
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Court
:
- 11 U.S.C.
In re White
Apr
29
2011
Ruling
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
Procedural posture
Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
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Court
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