Harrington v. Simmons (In re Simmons)
Jan
20
2016
Ruling
Discharge denied due to failure to keep records or account for loss of assets.
Issue(s)
Was debtor's failure to provide a satisfactory explanation of the disposition of assets or keep adequate records properly held to be cause for a denial of discharge?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Garfield v. Ocwen Loan Servicing LLC
Jan
04
2016
Ruling
Debtor could pursue Fair Debt Collection Practices Act action, against creditor that violated the discharge injunction, in the district court.
Issue(s)
Whether a debtor who received a claim on a debt that was discharged in a bankruptcy proceeding was able to sue the claimant in a district court under the Fair Debt Collection Practices Act (FDCPA) or had to seek relief in the bankruptcy court.
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Court
:
Judge or Jurisdiction information not available
Brown v. UAL Corp. (In re UAL Corp.)
Dec
31
2015
Ruling
Motion to reopen case to allow debtor's former employee to pursue discrimination claims properly denied due to creditor's long delay in filing.
Issue(s)
Did the bankruptcy court err in denying creditor employee's motion to reopen the debtor company's chapter 11 case, which was closed in 2009, in order to pursue pre-petition state-law claims of employment discrimination arising from his discharge in 2001?
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Court
:
Judge or Jurisdiction information not available
Southwest Sec. FSB v. Segner (In re Domistyle Inc.)
Dec
29
2015
Ruling
Secured creditor to which trustee abandoned debtor's property properly ordered to pay maintenance expenses incurred while trustee was attempting to sell the property.
Issue(s)
Should the estate or the secured creditor pay the property's maintenance expenses incurred while the trustee was trying to sell the property?
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Court
:
Judge or Jurisdiction information not available
Caesars Entmt Operating Co. v. BOKF N.A. (In re Caesars Entmt Operating Co.)
Dec
23
2015
Ruling
Bankruptcy court erred in failing to enjoin litigation against debtor's non-debtor majority owner.
Issue(s)
Did the bankruptcy court err in failing to enjoin litigation against debtor's non-debtor majority owner?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Allen v. C & H Distribs. L.L.C.
Dec
23
2015
Ruling
Chapter 13 debtors properly estopped from asserting personal injury claim that they did not disclose to the bankruptcy court.
Issue(s)
Should personal injury plaintiffs be estopped from pursuing their claim due to failure to schedule the claim in their chapter 13 bankruptcy?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
SEC v. Miller
Dec
18
2015
Ruling
Asset freeze in SEC enforcement action did not violate the automatic stay.
Issue(s)
Whether an asset freeze order obtained by the Securities and Exchange Commission constituted an action to collect on an anticipated money judgment and violated the automatic stay?
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Court
:
Judge or Jurisdiction information not available
Lavenhar v. First Am. Title Ins. Co (In re Lavenhar)
Dec
17
2015
Ruling
Creditor had standing to object to claim for domestic support obligation on grounds that the underlying divorce judgment was obtained by fraud.
Issue(s)
Did the bankruptcy court err in lifting the automatic stay because the domestic support obligation underlying debtor's former spouse's proof of claim was obtained as a result of collusion with the debtor in state-court divorce proceedings?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Ullrich v. Welt (In re Nica Holdings Inc.)
Dec
17
2015
Ruling
Case dismissed as assignee in Assignment for Benefit of Creditors proceeding lacked authority to file bankruptcy on behalf of debtor.
Issue(s)
Did the assignee in an assignment for the benefit of creditors lack authority to file bankruptcy on behalf of the debtor?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Collins v. Sidharthan (In re KSRP Ltd.)
Dec
15
2015
Ruling
Contractual indemnity claim was properly found to be "related to" debtor's bankruptcy.
Issue(s)
Did the bankruptcy and district courts lack "related to" jurisdiction over creditor's proceeding against debtor's contractual indemnity claim against an officer of debtor's general partner the officer's cross-claims for indemnity and contribution against the debtor had no possibility of succeeding?
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Court
:
Judge or Jurisdiction information not available