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Drummond v. Freeland (In re Freeland)

Plaintiff filed a complaint against chapter 7 debtors, a husband and wife, seeking a determination that certain debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Default judgment for breach of fiduciary duty was nondischargeable.
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Branigan v. Khan (In re Khan)

Appellant, a chapter 13 trustee, sought review of orders of the bankruptcy court denying the trustee's motions to dismiss and confirming the plans of appellee debtors.
Ruling: 
Prohibition on second discharge did not prevent filing of a chapter 13 petition.
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Finance Md. lLC v. Smith (In re Smith)

Creditor filed a motion to dismiss chapter 13 debtor's bankruptcy case pursuant to 11 U.S.C. § 1307(c)(4) on the grounds that debtor failed to commence making the payments required pursuant to 11 U.S.C. § 1326(a)(1)(C).
Ruling: 
Duty to make adequate protection payments did not arise where obligation in question arose prior to order for relief.
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Abell v. Devan

Appellants sought review of an order entered by the bankruptcy court denying them recovery for payments they made to the mortgage holder on the home of debtor.
Ruling: 
Alleged purchaser's of debtor's home were not entitled to recover payments to debtor's mortgagee due to indicia of fraud surrounding "sale."
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Hoge v. Moore (In re Railworks Corp.)

Plaintiff guarantors of performance bonds issued to a bankruptcy debtor sued defendant representatives of the debtor and its parent company, also a debtor, alleging state law claims to recover amounts paid by the guarantors upon default under the bonds. The action was removed to bankruptcy court, the representatives moved to dismiss the claims, and the guarantors moved for abstention or remand.
Ruling: 
Removed state law action by bond guarantors against debtor remanded to state court.
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In re Balt. Marine Indus.

Debtor filed a chapter 11 bankruptcy petition. The bankruptcy court confirmed the chapter 11 plan and appointed a liquidating agent with authority to distribute the sale proceeds to creditors. Movant county then sought allowance and payment of an administrative expense claim for unpaid taxes against the proceeds of sale of all of the chapter 11 debtor's assets. The liquidating agent objected.
Ruling: 
Motion for allowance of administrative expense was denied only because claim was not timely filed not because claim did not qualify for administrative priority under section 503(b).
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Tidewater Fin. Co. v. Williams

Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
Ruling: 
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
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In re Brown

The bankruptcy court issued a show cause order why a foreclosure sale conducted by the substitute trustee under the deed of trust should not be found void as a violation of the automatic stay, where the sale was conducted with knowledge of the bankruptcy filing, after the petition date and before dismissal, where the debtor was subsequently found to be ineligible for bankruptcy relief pursuant to 11 U.S.C. § 109(h).
Ruling: 
Foreclosure sale was held void since it violated automatic stay in place before case was dismissed for debtor's failure to meet section 109(h) requirements.
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In re Bateman

In separate bankruptcy cases, a trustee moved to dismiss debtors'cases on the ground that the debtors could not receive discharges under 11 U.S.C. § 1328(f) and thus were not eligible to be debtors.
Ruling: 
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
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In re Muhaimin

Secured creditors that held interests in the residential real estate of three debtors, each moved for relief from the automatic stay and for relief under 11 U.S.C. § 362(d)(4), on the basis that the debtor in each case, and their codebtors, had used multiple bankruptcy filings to frustrate foreclosure sales on their residences. A creditor also prayed for the imposition of an equitable servitude on one debtors'property under Maryland case law.
Ruling: 
Creditors were denied relief from automatic stay since they failed to show debtors'multiple filings were part of a scheme to defraud creditors.
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