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In re Weldon F. Stump & Co.

Before the court was the Motion by the State Court Appointed Receiver for Approval of Final Report and Discharge. Debtor, in his individual capacity, opposed the Motion. The court held a hearing on the matter. At the conclusion of the hearing, it took the matter under advisement so as to afford the arguments raised by the parties further consideration. The court had now had this opportunity, and was ready to render its decision.
Ruling: 
Court approved discharge of a state-court receiver for services performed as a postpetition custodian but abstained from making a deterimination regarding the receiver's prepetition services as a receiver.
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Osting v. Blockberger (In re Osting)

Plaintiff debtor commenced an adversary proceeding seeking to avoid, as a preferential transfer under 11 U.S.C. § 547 and as a fraudulent transfer under 11 U.S.C. § 548, a judgment lien and subsequent transfer of property accomplished for the benefit of defendants, his ex-spouse, et al. The cause was before the court on the motion of his ex-spouse to dismiss the complaint.
Ruling: 
Court abstained from hearing the debtor's transfer avoidance action since the action was directed at undoing the domestic relations court's decision for the ex-spouse.
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Followell v. United States (In re Gurley)

The debtor underwent a bankruptcy in a Chapter 11 proceeding. After the debtor's death, plaintiff personal representative reopened the debtor's case and sued defendant, the U.S. government, by its agency, the Internal Revenue Service (IRS), to determine liability for interest and penalties on taxes from before the bankruptcy filing. The parties filed cross-motions for summary judgment.
Ruling: 
Confirmation of debtor's plan did not discharge debtor's tax liability since it is a debt excepted from discharge.
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Stone v. Casiello (In re Casiello)

After the bankruptcy court entered judgment in favor of defendant debtor, the debtor then filed a motion for sanctions pursuant to 11 U.S.C. § 105(a), 28 U.S.C. § 1927, and Fed. R. Bankr. P. 9011. The bankruptcy court ruled that the motion was untimely. The U.S. District Court remanded the matter, holding that there were no time constraints under 28 U.S.C. § 1927.
Ruling: 
Court held that it had jurisdiction to impose sanctions for attorneys'unreasonable prolonging of proceedings.
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In re Weiss

A chapter 13 bankruptcy debtor supplied inaccurate or incomplete financial information even after amending the debtor's schedules several times. Creditors moved for conversion or dismissal of the debtor's petition pursuant to 11 U.S.C. § 1307(c) based on the debtor's bad faith in the bankruptcy proceedings and in the debtor's proposed plan of reorganization.
Ruling: 
Court granted creditor's motion for conversion to chapter 7 due to debtor's bad faith evidenced by misinformation and nondisclosures.
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In re Monteiro

The debtor filed a chapter 7 case pro se. The debtor requested a waiver of the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Pro se debtor did not sufficiently allege grounds for obtaining an exemption from the prefiling credit counseling requirement, but the court permitted the debtor to supplement the exemption request and and to obtain a credit briefing within 30 days of filing.
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In re Howard

Debtor filed a chapter 13 petition. The debtor had filed two previous Chapter 7 bankruptcies, in both of which the debtor failed to pay the required fees, and the cases were dismissed. The debtor owed $335.00 to the court. The bankruptcy clerk asked the court to dismiss the case pursuant to 11 U.S.C. § 109(g)(1). The court ordered the debtor to show cause why the case should not be dismissed.
Ruling: 
Nonpayment of filing fees in prior bankruptcy cases was not grounds for dismissing the current case.
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In re Spiegel Inc.

Movant creditors sought leave to file an appeal or alternatively an enlargement of the time in which to file a notice of appeal of the bankruptcy court's decision denying their motion for reconsideration relating to the expungement of their claims against the chapter 11 debtors.
Ruling: 
Creditors were denied leave to appeal since creditors failed to show sufficient reason for failing to timely appeal or establish any other excusable neglect factors.
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In re Gee

A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.
Ruling: 
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
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In re Booth

Debtors petitioned for bankruptcy relief pursuant to chapter 13 on October 20, 2005. The debtors had not completed the prepetition credit counseling required by 11 U.S.C. § 109(h)(1), and they filed a motion to obtain an exemption from the credit counseling requirement or for an extension of time in which to meet the requirement.
Ruling: 
Debtors were denied motion for exemption from prefiling credit counseling requirement since they had failed to certify that they had requested but were unable to obtain the counseling.
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