In the bankruptcy case of Mammola, Robert J.; In re, 20 the bankruptcy debtor failed to list a creditor who later filed a lawsuit against the debtor.  After attempting to reopen the bankruptcy case so that the omitted creditor could be included in the discharge, the bankruptcy court denied the debtor’s request.

The details of the bankruptcy case:

The debtor filed for Chapter 11 relief in 1990. In 1993, the case was converted to Chapter 7. The debtor …

Tags: Chapter 7 Bankruptcy Debtor

Permalink: /chapter_7_bankruptcy/unlisted-debt-comes-back-to-haunt-bankruptcy-debtor/

… ordered to pay $50,000 in restitution. She was convicted of the charges on April 17.”

When a debtor files bankruptcy with a pending lawsuit, that lawsuit must be disclosed to the bankruptcy trustee. If a debtor fails to disclose all required information to the bankruptcy trustee, the debtor’s bankruptcy case may be dismissed. Also, if a debtor receives a settlement or judgment in his/her favor from a lawsuit, that money may become part of the bankruptcy case. In the case mentioned …

Tags: Bankruptcy Debtor Fraud Lawsuit

Permalink: /lawsuits/debtor-who-hid-255000-charged-with-bankruptcy-fraud/

… case of Olick, Thomas W.; In re (Olick v. Kearney, et al) the bankruptcy court ruled that the debtor’s former employer was liable to him for damages resulting from the debtor’s termination.

The details of the bankruptcy case:

In February 2006, the debtor filed a discrimination lawsuit against his employer and supervisor alleging that they reduced his sales territory as an insurance field agent because of his age.   Afterwards, the debtor received a COBRA notice from his employer …

Permalink: /chapter_13_bankruptcy/bankruptcy-court-awards-debtor-14997-due-to-employer%e2%80%99s-discriminatory-actions/

In the Chapter 7 bankruptcy case of Spears, Raquel C.; In re, the debtor was denied a motion to avoid two liens against a commercial property that she owned.

The details of the bankruptcy case:

The Chapter 7 debtor filed a motion to avoid a judgment lien and a mechanic’s lien against commercial property that she owned. The debtor asserted that the mort­gage on the property exceeded the property’s value, leaving no equity to secure the two liens. …

Permalink: /filing_bankruptcy/bankruptcy-debtor-denied-motion-to-avoid-liens/

… the bankruptcy case DiMare, Donna M.; In re (DiMare v. Ameriquest Mortgage Co., et al.), the debtor filed Chapter 13 bankruptcy and sued their original mortgage lender under the Truth In Lending Act.  The bankruptcy court sided with the lender and issued a summary judgment in the lender’s favor.

The details of the bankruptcy case and lawsuit:

On Feb. 20, 2004, the debtor refinanced the mortgage on her home in order to remove her ex-husband’s name from the debt. Within two …

Permalink: /lawsuits/debtor-loses-in-fight-over-missing-mortgage-documents/

According to a report released by the FBI, Anthony Randall Simmons a 44 year old debtor who filed for bankruptcy has been charged with bankruptcy fraud.  Federal authorities stated that Simmons filed bankruptcy and attempted to defraud the system by concealing assets that he should have disclosed. Specifically, Simmons allegedly failed to report $95,000 he received from the sale of an asset that should have been part of his bankruptcy estate. Simmons could receive a fine …

Permalink: /filing_bankruptcy/debtor-accused-of-bankruptcy-fraud-faces-fine-and-imprisonment/

… Chapter 7 bankruptcy case of Kunkelman, Jeffrey D.; In re, the bankruptcy court ruled that a debtor’s retirement contributions must be included in his disposable income and dismissed his Chapter 7 bankruptcy case.

The details of the bankruptcy case:

“The Chapter 7 debtor had one secured debt of $10,731 and unsecured debts of $18,628, including a $4,000 student loan. The debtor filed for bankruptcy just after getting a job in a distant city. Rather than commute, he rented a …

Permalink: /bankruptcy-law/bankruptcy-court-tells-debtor-bills-come-before-retirement/

In the Chapter 7 bankruptcy case of Sparks , Jeanette R.; In re, debtor is allowed to keep homestead exemption despite bankruptcy trustee’s objection; but is not allowed to exempt $514 held in a mutual fund account.

The details of the bankruptcy case:

“The 55-year-old, unemployed Chapter 7 debtor owned an interest in her home, which she claimed as exempt pursuant to Section 522(d)(1), and an Edward Jones mutual fund account worth $11,714, which she …

Permalink: /bankruptcy-law/bankruptcy-debtor-allowed-homestead-exemption-after-sale/

A debtor who filed for Chapter 7 bankruptcy was indicted on three counts of mail fraud and three counts of bankruptcy fraud for making false statements in her Chapter 7 bankruptcy petition.

The details of the bankruptcy case:

Chapter 7 bankruptcy debtor L.S. McGee had two different Social Security numbers, one in her name and one using an alias.  Because the debtor worked as a bookkeeper, …

Permalink: /filing_bankruptcy/debtor-indicted-for-bankruptcy-fraud/

… an income.  Fortunately, the bankruptcy laws allow business owners to file bankruptcy as a “debtor in possession.”  What that means is that the debtor is allowed to file Chapter 11 bankruptcy and continue to operate their business, while receive the benefits of “automatic stay” protection.  Debtors in possession are protected from creditor actions such as lawsuits and asset seizures.  Even if a creditor obtained a judgment before the bankruptcy filing, they would not be allowed …

Permalink: /debt_consolidation/filing-chapter-11-bankruptcy-as-debtor-in-possession/

In the bankruptcy case of Lunkes, William J.; In re, the bankruptcy court denied the debtor a bankruptcy exemption for a trust left by the debtor’s father.

The details of the bankruptcy case:

“In 2002, the debtor’s father established a trust. He was the settlor, trustee and beneficiary. The debtor and his four siblings were contingent beneficiaries. The debtor’s father died in 2003 and the debtor’s sister Patricia became trustee. Then one of the debtor’s brothers …

Permalink: /chapter_7_bankruptcy/debtor-denied-bankruptcy-exemption-for-trust/

… Erasmo; In re, (Bankr. S.D.N.Y. 2009)) the bankruptcy court ruled that the Chapter 13 bankruptcy debtor could reduce the amount of a claim secured by an automobile purchased more than 910 days before filing bankruptcy.

The details of the bankruptcy case:

The Chapter 13 bankruptcy debtor proposed a plan that crammed down (reduced) a claim secured by an automobile purchased more than 910 days prepetition. The creditor was owed $12,213. The vehicle’s Kelley Blue Book Private Party Value …

Permalink: /lawsuits/bankruptcy-court-allows-debtor-to-reduce-car-loan/