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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.