- 28 U.S.C.
In re Moglia
Nov
19
2015
Ruling
Bad faith dismissal based on alleged concealment of inheritance more than ten years earlier denied.
Issue(s)
Should debtor's case be dismissed for cause based on alleged bad faith?
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Court
:
- 11 U.S.C.
In re Moglia
Oct
15
2015
Ruling
Debtor's attorney ordered to disgorge a portion of discovery fees due to withholding and redaction of bank statements.
Issue(s)
Should debtor's attorney be sanctioned for withholding and redacting debtor's bank statements?
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Court
:
Mouraveiko v. Moglia
Feb
17
2015
Ruling
Debtor's attorneys' misrepresentations regarding debtor's elder abuse counterclaim against former business partner, which was property of the estate, were not due to bad faith, and not grounds for sanctions.
Issue(s)
Should bankruptcy court reconsider its denial of sanctions against debtor's attorney for filing meritless elder abuse counterclaim against creditor?
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Court
:
In re Moglia
Dec
30
2014
Ruling
Modification to extend payment period and allow for retroactive payments denied.
Issue(s)
Whether the applicable commitment period for the chapter 13 plan payments must be extended from three years to five years when a debtor whose income is below median at the time of case filing has a subsequent increase in income to above the median?
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Court
:
United States Tr. v. Cam (In re Cam)
Dec
08
2014
Ruling
Discharge denied due to misrepresentations regarding attempted transfer of farm and failure to account for funds.
Issue(s)
Should debtor's discharge be denied due to failure to keep adequate records, failure to explain satisfactorily the loss or deficiency of assets, false oaths and concealment, transfer, or removal of assets?
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Court
:
- 11 U.S.C.
Mouraveiko v. Moglia
Apr
10
2014
Ruling
Debt was nondischargeable on grounds of defalcation and embezzlement based on state court finding of express trust and misappropriation.
Issue(s)
Was debt nondischargeable where debtor allegedly misappropriated deferred salary compensation from a trust account that debtor had the duty to administer?
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Court
:
Oregon Employment Dept v. Carnahan (In re Carnahan)
May
21
2013
Ruling
State employment department entitled to nondischargeable claim for overpayment of benefits based on false information provided by debtor.
Procedural posture
The Oregon Employment Department filed an adversary proceeding in a debtor's bankruptcy case, claiming that the debtor owed a debt that was nondischargeable under 11 U.S.C.S. § 523(a) because he made false statements in an application for unemployment benefits. The case was tried to the court. The court issued an earlier decision but revised that decision after a mathematical error was brought to its attention.
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Court
:
- 11 U.S.C.
In re General Auto Bldg. LLC
Dec
28
2012
Ruling
Application to use cash collateral to compensate appraiser denied.
Procedural posture
Debtor applied for an order per 11 U.S.C.S. § 363(c)(2)(B) permitting it to use cash collateral belonging to claimant LLC to compensate debtor's appraiser for certain services while the LLC sought relief from stay per 11 U.S.C.S. § 362 on various grounds including lack of adequate protection.
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Court
:
- 11 U.S.C.
In re Williams Love OLeary & Powers P.C.
Aug
31
2012
Ruling
Debtor law firm not required to provide for alternative treatment of claim, the unsecured status of which was on appeal, in plan.
Procedural posture
A law firm declared chapter 11 bankruptcy, and an attorney the firm hired to work on cases involving pain pumps filed secured claims against the firm's bankruptcy estate. The attorney filed objections to confirmation of the firm's bankruptcy plan, and the court held a hearing on the plan and the attorney's objections.
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Court
:
- 11 U.S.C.
In re Saleen
Dec
02
2011
Ruling
Thirty-six month plan proposed by above-median debtors denied as not meeting 60-day commitment period.
Procedural posture
Debtors proposed chapter 13 Plan was before the court regarding confirmation. The trustee raised objections.
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Court
: