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Judge Klinette H. Kindred

Apr 2, 2019

Foreclosure valid despite later vacated in rem order

A debtor’s failure to obtain a stay of the bankruptcy court’s in rem order allowing a foreclosure sale to proceed resulted in that sale terminating any interest by the debtor in the property when it was sold before the district court vacated the in rem order. Background This case was filed on Nov. 13, 2017. […]

Mar 8, 2019

Ex-wife can’t avoid payment of part of joint debts

The debtor’s agreement, as part of a divorce proceeding, to pay one-half of certain joint debts incurred with her former husband meant those debts were not dischargeable under Bankruptcy Code § 523(a)(15). Background Plaintiff is the former husband of defendant, Kara N. Kurtz. As part of their divorce, the parties entered into a property and […]

Mar 8, 2019

Debtor’s plan dismissed as it was not feasible

A debtor who filed multiple petitions – allegedly as part of a scheme to delay, hinder or defraud his bank’s attempts to foreclose on real property – had his case dismissed because, despite prior warning, he failed to adequately demonstrate his plan was feasible. Background The debtor filed a voluntary petition for relief under Chapter […]

Jan 12, 2019

Ex-wife gets benefit of higher value of property

The court dismissed most of the objections to an ex-husband’s bankruptcy plan that were made by his former spouse, although it did hold the current, higher value of real property should be used, rather than the assessment that was made at the time the petition was filed. Background Stanislav Ilyev, the debtor, was formerly married […]

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