1075 S Yukon, LLC, In re
Jul
30
2018
Ruling
Debtor's pre-petition contractual right to exercise an option to purchase real property was not automatically extended if the deadline to exercise the option had not expired prior to the petition date as exercising the option was not "curing a default." (Bankr. D. Colo.)
Issue(s)
Extension of Time; Performance of Certain Acts by Trustee.
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Court
:
Midway Gold US, Inc., In re
Oct
06
2017
Ruling
Confirmation denied as the debtor's plan contained third-party releases and exculpationprovisions. (Bankr. D. Colo.)
Issue(s)
Effect of Discharge; Liability of Other Entities Not Affected.
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Court
:
Deese, In re
Jul
28
2017
Ruling
Post-confirmation modification warranted due to debtor's increased expenses and reduced income. (Bankr. D. Colo.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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Court
:
- 11 U.S.C.
In re Haroldson
May
19
2016
Ruling
Confirmation denied as debtor could not claim homestead exemption in property owned entirely by spouse.
Issue(s)
Whether a debtor may deduct mortgage or rent on Form I22C-1 when the house he lives in has no mortgage and is not owned by him?
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Court
:
In re Vonkreuter
Feb
12
2016
Ruling
Debtor's counsel's application for administrative expense claim for fees incurred in chapter 13 case prior to conversion to chapter 7 denied.
Issue(s)
Whether allowed administrative expense claim for chapter 13 attorneys' fees may be paid from undisbursed postpetition earnings upon the pre-confirmation conversion of the case from chapter 13 to chapter 7?
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Court
:
- 11 U.S.C.
In re Mercury Cos.
Oct
09
2015
Ruling
Transfer was not fraudulent where debtor received reasonably equivalent value.
Issue(s)
Whether underwriter acted reasonably in refusing to pay the balance owed to debtor on a stock purchase agreement and whether debtor received reasonably equivalent value for the transferred shares?
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Court
:
In re US Bentonite Inc.
Sep
03
2015
Ruling
Debtors' attorneys denied recovery of fees incurred during period attorney who left the firm went to work for creditors' law firm.
Issue(s)
Should law firm's fees be denied where a lawyer left the firm to work for a creditor's law firm on grounds of a conflict of interest?
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Court
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In re Sun River Energy Inc.
Aug
13
2015
Ruling
Creditor's objection to trustee's employment of counsel overruled.
Issue(s)
Could trustee employ legal counsel over creditor's objection?
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Court
:
- 11 U.S.C.
In re Raabe
Jul
31
2015
Ruling
Postpetition fees of debtor's counsel not ordered disgorged despite failure to file supplemental disclosure.
Issue(s)
Whether listing additional fees and expenses and additional post-petition payments in debtor's chapter 13 plan excused debtor's attorney from filing a supplemental disclosure of compensation, or from applying for approval of the additional fees paid post-petition?
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Court
:
- 11 U.S.C.
In re Formaneck
Jul
13
2015
Ruling
Case dismissed as failure to make postpetition mortgage payments directly to creditor was a material default under debtor's chapter 13 plan.
Issue(s)
Should case be dismissed due to chapter 13 debtor's failure to make direct payments to secured creditor as specified in confirmed plan?
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Court
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