Judge Brown

In re Mayer-Myers

Debtor proposed a chapter 13 bankruptcy plan that sought to modify the claim of creditor, a mortgagee. Creditor objected to the confirmation of the chapter 13 plan, arguing that it violated the anti-modification directive set forth in 11 U.S.C. § 1322(b)(2).
Ruling: 
Court denied confirmation since debtors had no right to modify creditor's rights under plan.
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In re Dynamics

The debtor moved for confirmation of its chapter 11 plan.
Ruling: 
Chapter 11 plan was denied confirmation since less than the required two-thirds of claims holders accepted the plan.
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Hepner v. Ford Motor Credit Co. (In re Estergaard)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid the creditor's security interest in a vehicle under 11 U.S.C. § 544(a), claiming that the security interest was unperfected at the time of the filing of the petition. The creditor moved for summary judgment and also filed as statement of supplemental authority. The trustee moved to the statement of strike supplemental authority.
Ruling: 
Trustee was allowed to avoid creditor's security interest on debtor's vehicle since the security interest was unperfected at the time of filing.
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In re Build Tech Sys.

Insurer filed a claim for unpaid insurance premiums. The insurer alleged that the claim was for health insurance benefits provided to the debtor's employees, and thus was entitled to priority status under 11 U.S.C. § 507(a)(4) as a contribution to an employee benefit plan. The chapter 7 trustee objected on the basis that the asserted claim was not eligible for priority claim status.
Ruling: 
Insurer was entitled to priority claim status for its claim for unpaid premiums for health insurance benefits provided to the debtor's employees.
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G & B Aircraft Mgmt. v. Smoot (In re Utah Aircraft Alliance)

Appellant, the seller of an aircraft to appellee bankruptcy debtor, sought relief from the bankruptcy stay to allow the seller to enforce its property interest in the aircraft based on the seller's retention of title to the aircraft. The seller appealed the order of the Bankruptcy Court for the District of Utah which denied the seller's motion for relief from the stay or for adequate protection.
Ruling: 
Seller of an aircraft to the debtor was denied relief from the automatic stay since the seller only had an unperfected security interest.
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In re Babcock & Wilcox Co.

Before the court for findings of fact and conclusions of law in a chapter 11 matter was a joint motion of debtors and two other entities to enter into settlement with an insurance company.
Ruling: 
Court approved settlement with insurance company since it was negotiated in good faith, was in the best interests of the debtors'estates, and met the requirements of Rule 9019.
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In re Feldmeier

Movant debtors filed a motion to show cause why respondent bank and its law firm should not be held in contempt of court based on their alleged violation of the discharge injunction provided by 11 U.S.C. § 524.
Ruling: 
Bank's law firm was found to be in contempt for violating a discharge injuction.
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