Clearwater Bankruptcy Attorney
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Bankruptcy case update by code section
§110
In re Flowers, 2010 Bankr. LEXIS 242 (M.D. Ga., 1/26/2010)
Bankruptcy petition preparer fined and ordered to refrain from preparing or filing petitions until further court order due to multiple violations
§502
In re Trautner, 2010 Bankr. LEXIS 158 (N.D. Cal., 1/13/2010)
Claim for damages for unauthorized showing of boxing match allowed in reduced amount
§506(a)(1)
Reid v. Citadel Fin. Credit Union (In re Reid), 2010 Bankr. LEXIS 189 (D.P.R., 1/13/2010)
Bank entitled to compel abandonment of four parcels of real property in which there was no equity
§521(a)(4)
Nisselson v. Fasarakis (In re Fasarakis), 2010 Bankr. LEXIS 240 (E.D.N.Y., 2/3/2010)
Portions of tax refunds relating to earned income tax credit and child tax credits were property of the estate and not exempt
§523(a)
Buffalo Constr., Inc. v. McMillan (In re McMillan), 2010 Bankr. LEXIS 169 (E.D. Tenn., 1/13/2010)
Construction company granted extension of time to effectuate service of dischargeability proceeding
§523(a)(2)(A)
Medlock v. Meahyen (In re Meahyen), 2010 Bankr. LEXIS 224 (D. Minn., 2/4/2010)
Debtor real estate broker’s debt to buyer excepted from discharge due to misrepresentation of value of property
§523(a)(2)(A)
Ben & Sylvia Hartridge Living Mgmt. Trust v. Underwood (In re Underwood), 2010 Bankr. LEXIS 292 (E.D. Tex., 1/27/2010)
Debt was nondischargeable due to debtor’s guilty plea on charges of first degree felonty theft
§523(a)(2)(A)
Grumbine v. Azeglio (In re Azeglio), 2010 Bankr. LEXIS 269 (D.N.J., 1/27/2010)
Default judgment for fraud did not have collateral estoppel effect in nondischargeability proceeding due to operation of state law
§523(a)(4)
Chizk v. Ramon (In re Ramon), 2010 Bankr. LEXIS 239 (N.D. Tex., 2/3/2010)
Complaint claiming nondischargeability for breach of fiduciary duty dismissed due to insufficiently pled facts to establish debtor’s alleged fiduciary status
§523(a)(6)
Kanouff v. Hayes (In re Hayes), 2010 Bankr. LEXIS 270 (W.D. Wash., 1/26/2010)
Sanctions for debtor’s malicious filing of frivolous lawsuit against creditor were nondischargeable
§707(a)
In re Rose, 2010 Bankr. LEXIS 282 (S.D. Ohio, 2/9/2010)
Failure of debtors to sign petition was not grounds for dismissal
§727(a)
Katz v. Deedon (In re Deedon), 2009 Bankr. LEXIS 4272 (D. Conn., 10/15/2009)
Motion for denial of discharge denied where debtor did not make deliberate efforts to conceal property
§727(a)
Angell v. Williams (In re Williams), 2010 Bankr. LEXIS 268 (E.D.N.C., 1/27/2010)
Discharge denied due to debtor’s failure to keep adequate records and fraudulent intent
§1112(b)(4)
In re Wallace, 2010 Bankr. LEXIS 261 (D. Idaho, 1/26/2010)
Case dismissed due to debtor in possession’s diminution of estate, problematic plan and gross mismanagement
§1322(b)
In re Meyer, 2010 Bankr. LEXIS 273 (N.D. Ill., 1/29/2010)
Third party lien for which there was no equity in subject property could be treated as unsecured
§1322(b)(5)
In re Harding, 2010 Bankr. LEXIS 274 (S.D. Fla., 2/8/2010)
Separate classification of nondischargeable student loan debt denied
§1325(a)
In re Farooq, 2010 Bankr. LEXIS 253 (E.D. Va., 1/29/2010)
Plan confirmation denied due to failure to satisfy good faith or projected disposable income requirements
§1325(b)
In re Dement, 2010 Bankr. LEXIS 163 (D. Mont., 1/14/2010)
Payments on debt secured by trailer did not cause plan to fail disposable income test
§1328(a)(4)
Woods v. Roberts (In re Roberts), 2010 Bankr. LEXIS 257 (S.D. Ind., 1/26/2010)
Personal injury claim resulting from debtor’s willful battery of creditor security guard was nondischargeable
§1329
In re Rodger, 2010 Bankr. LEXIS 281 (D.N.H., 2/5/2010)
Trustee could modify plan to require payment of annual tax refunds for remainder of plan term
Rule 9011
In re Letourneau, 2010 Bankr. LEXIS 244 (N.D. Ill., 2/4/2010)
Chapter 7 debtor sanctioned for filing involuntary case against himself
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