· 5/4/2006
Gonzalez-Ruiz v. Doral Financial Corp.
Citations
- 341 B.R. 371
- 2006 Bankr. LEXIS 693
- 2006 WL 1174410
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that bankruptcy court may decide a motion to dismiss on the pleadings, drawing necessary inferences from the record, where an evidentiary hearing is not requested
- affirming the dismissal of a serial bankruptcy filer’s fourth Chapter 13 case with prejudice to refiling for 180 days
- construing a creditor’s request for “such other relief as is just and proper” as grounds to grant in rem relief
- \[A] court may not alter rights that a debtor has been granted by Congress... by determining that those rights are unfair or inequitable based on the court's distaste for Congress' choices.\
- “[A] court may not alter rights that a debtor has been granted by Congress ... by determining that those rights are unfair or inequitable based on the court’s distaste for Congress’ choices.”
- “In rem relief renders the automatic stay in any future bankruptcy cases inapplicable to the lender’s foreclosure of a particular res, regardless of who owns the property or files the case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feeney, Boroff, Kornreich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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