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Tag Archives: U.S. Bankruptcy Court

Case dismissed for repeated failure to file feasible plan (access required)

A debtor who failed on four separate occasions to file a feasible plan will not get a fifth opportunity. Instead, the court held the debtor’s repeated failures, which were based upon unreliable and inaccurate financial projections, were unlikely to be ...

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Ex-wife can’t avoid payment of part of joint debts (access required)

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, ...

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Debtor’s plan dismissed as it was not feasible (access required)

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 ...

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Ex-wife gets benefit of higher value of property (access required)

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 ...

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Ex-husband gets homestead exemption in real estate proceeds (access required)

Where a divorcing couple intended to turn a tenancy-by-the-entireties in their home into a tenancy-in-common in the proceeds once they sold it, the ex-husband can claim a homestead exemption in his portion of the proceeds. Background Phillip Roadcap is a ...

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