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U.S. Natl Bank Assn v. Pugh (In re Pugh)

Plaintiff creditor filed a Fed. R. Civ. P. 55(b)(2) motion for default judgment on an amended complaint for a determination that cash advances made to defendant debtor were nondischargeable for actual fraud under 11 U.S.C. § 523(a)(2)(A). The creditor was ordered to show cause why its motion should not have been denied for failure to verify the factual elements.
Ruling: 
"Cash advances" were not subject to presumption of fraud where debtor's overall liabilities did not increase and creditor could not establish pecuniary loss.
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Colorado Constr. Co. v. United States HUD (In re Platte View Farm LLC)

Plaintiff creditor filed an adversary proceeding against defendant debtor. The creditor also filed a complaint in district court against defendants, second creditor and Department of Housing and Urban Development. The district court matter was related to the bankruptcy and was removed to the bankruptcy court. The creditor and debtor settled their dispute. The issue was whether the bankruptcy court had jurisdiction over the non-debtor defendants.
Ruling: 
Bankruptcy court lacked jurisdiction over dispute between creditor and thrid parties after primary realted dispute with debtor had been settled.
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In re Hennerman

The matter came before the court for hearing on a letter filed with the court by a chapter 13 debtor, which alleged that she had not received all the documents for which she had contracted with an internet-based bankruptcy petition provider and that some of the documents she did receive were not usable.
Ruling: 
Petition preparer sanctioned for failing to provide debtor with all of the necessary documents in the proper form for filing under chapter 13.
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In re Springs Hospitality Inc.

Chapter 11 creditor filed a motion to dismiss debtor's bankruptcy case pursuant to 11 U.S.C. § 1112(b) and a motion for relief from the automatic stay, 11 U.S.C. § 362.
Ruling: 
Case filed as litigation tactic in dispute with creditor dismissed on grounds of bad faith.
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Peters v. Wray State Bank (In re Kerst)

Debtor had a car loan with a lender. He refinanced his car loan with defendant bank. The bank's lien was recorded 47 days after debtor executed the security agreement. He later filed for bankruptcy. Plaintiff chapter 7 trustee sought to avoid the bank's lien. The bank argued (1) the transfer was protected under the earmarking doctrine or (2) it was substantially contemporaneous exchange for new value per 11 U.S.C. § 547(c)(1).
Ruling: 
Bank's delay of nine days in perfecting auto lien did not prevent a substantially contemporaneous transfer and could not be avoided.
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In re Duran

Chapter 7 debtor complained to the court regarding the practices of a company and its principal as bankruptcy petition preparers under 11 U.S.C. § 110.
Ruling: 
Principal of bankruptcy petition preparer was liable to debtor for omissions of typist.
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In re Ford

An unsecured creditor, filed an objection to confirmation of the debtor's proposed amended chapter 13 plan, arguing the plan was not proposed in good faith and was not feasible under 11 U.S.C. § 1325(a)(3) and (6). The creditor argued a large part of the credit card debt owed to it had been spent for gambling and gambling debts and that the debtor had converted her chapter 7 case to chapter 13 to avoid dischargeability issues.
Ruling: 
Plan was confirmed over objection since plan was reasonable and since debtor's prepetition and postpetition gambling, absent wrongful conduct, did not constitute bad faith.
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In re Banks

In respondent debtor's chapter 7 case, movant trustee brought a motion to dismiss the debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling: 
Trustee's motion to dismiss was denied since trustee's evidence was speculative and failed to establish substantial abuse of chapter 7.
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In re Tulper

Debtors filed for relief under chapter 13. The court issued a notice of deficiency on that same date because the debtors failed to file a certificate that they had attended a budget and credit counseling course in accordance with 11 U.S.C. § 109(h). Debtors moved for a waiver of that course.
Ruling: 
Debtors were granted waiver of section 109(h) credit counseling requirement due to physical disabilities.
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BTE Concrete Formwork LLC v. Arbaney (In re Arbaney)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor fraudulently transferred a real estate interest to his wife and that the debtor made a false oath with regard to his schedules which omitted property interests, transactions, and creditors. The creditor objected to the debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (4)(A).
Ruling: 
Court rejected objection to discharge since creditor failed to show fraudulent intent.
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