- 11 U.S.C.
Rozinski v. ANB Bank (In re Rozinski)
Feb
12
2013
Ruling
Bank's lien could be avoided where debtor met burden of proving residence was worth less than amount owed.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their debts which modified the value of their residence and treated a debt they owed a bank on a home equity line of credit as unsecured. The debtors filed a motion which asked the court to determine the value of their residence pursuant to 11 U.S.C.S. § 506(a), to find that a claim the bank filed against their bankruptcy estate was unsecured.
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Court
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In re Racine
Feb
01
2013
Ruling
Modification granted due to increased income and expenses.
Procedural posture
Bankruptcy debtors asserted that their financial circumstances warranted reduction of monthly payments and payments to claims under their confirmed plan. The debtors moved to modify their plan, and the bankruptcy trustee objected to modification.
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Court
:
- 11 U.S.C.
In re Adam Aircraft Indus.
Feb
01
2013
Ruling
Contingency fee and costs portions of final fee application of counsel retained by trustee granted.
Procedural posture
Debtor's ex-CEO challenged the final fee application of the law firm retained by the trustee to investigate, evaluate and prosecute claims against defendant financiers. After settling all claims between debtor and the financiers, including the financiers' secured and unsecured claims against the estate, the firm sought a final award per 11 U.S.C.S. § 330. Issues included whether the firm had complied with Bankr. D. Colo. R. 2016-1(a).
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Court
:
- 11 U.S.C.
In re Schwindt
Jan
28
2013
Ruling
Debtors could employ law firm representing debtors' business in another bankruptcy case, subject to allowance or review of fees and costs by court.
Procedural posture
Debtors filed a petition under chapter 11 of the Bankruptcy Code and operated their trucking business as debtors-in-possession. The debtors filed an application seeking permission under 11 U.S.C.S. § 327 to employ a law firm that was also representing the debtors' trucking business in a chapter 11 bankruptcy case it filed. The United States Trustee ("UST") filed an objection to the debtors' application.
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Court
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In re Toxvard
Jan
09
2013
Ruling
Confirmation denied due to failure to provide income information for nondebtor spouse.
Procedural posture
Before the court was the confirmation of chapter 13 debtor's second amended chapter 13 plan and the objection to confirmation filed by the chapter 13 trustee.
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Court
:
Wieland v. McKee (In re McKee)
Jan
02
2013
Ruling
Denial of discharge denied where debtor's nondisclosures were due to absence of fraudulent intent.
Procedural posture
United States Trustee (UST) filed a complaint seeking the denial of debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4).
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Court
:
- 11 U.S.C.
Prew v. Kerrigan-Ronan-Prew (In re Kerrigan-Ronan-Prew)
Dec
06
2012
Ruling
Dischargeability proceeding in chapter 7 case had to be resolved before court could review similar proceeding in debtor's chapter 13 case filed while first case was still pending.
Procedural posture
Plaintiff ex-husband filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed him a debt that was nondischargeable under 11 U.S.C.S. § 523. The court granted the ex-husband's motion for summary judgment on his claim under § 523(a)(15), and after the debtor declared chapter 13 bankruptcy, the ex-husband asked the court to dismiss the adversary proceeding he filed in the debtor's chapter 7 case.
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Court
:
- 11 U.S.C.
Deutsche Bank Natl Trust Co. v. Miller (In re Miller)
Dec
04
2012
Ruling
Relief from stay granted due to lack of adequate protection and debtor's challenge to authenticity of note was not credible.
Procedural posture
Creditor, the alleged holder of the respondent chapter 13 debtors' promissory note and deed of trust under Colo. Rev. Stat. § 4-3-201(b), sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1).
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Court
:
- 11 U.S.C.
Adams v. Meagher (In re Meagher)
Nov
23
2012
Ruling
Summary judgment in nondischargeability proceeding due to issue of fact regarding debtor's fiduciary status.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that the debtors owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Epic Energy Res. Inc
Aug
08
2012
Ruling
Creditor's failure to enforce its right to payment under § 365(d)(3) or debtor's plan constituted a waiver of any administrative claim.
Procedural posture
A creditor of chapter 11 debtors filed a motion for an order requiring payment pursuant to the debtor's joint plan of reorganization.
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Court
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