- 11 U.S.C.
Schlosser v. Kendall (In re Kendall)
Aug
06
2012
Ruling
Trustee could avoid transfers to debtor's spouse or spouse's company made with intent to hinder, delay or defraud creditors.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against a chapter 7 debtor's wife and a family trust, seeking a determination that he was allowed under 11 U.S.C.S. §§ 544 and 548 and Colorado law to avoid transfers the debtor made to his wife and the trust less than two years before he declared bankruptcy. The case was tried to the court.
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Court
:
- 28 U.S.C.
Steinle v. Fall River Vill. Cmtys. LLC (In re CCI Funding I)
Jul
30
2012
Ruling
Bankruptcy court had authority to hear avoidance proceeding against borrowers of debtor.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant borrowers seeking to recover amounts due from the borrowers on promissory notes and disallowance of the borrowers' proofs of claim. The borrowers moved for a determination that the bankruptcy court lacked constitutional authority to adjudicate the trustee's state-law contractual claims.
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Court
:
In re Walck
Jul
17
2012
Ruling
Relief from stay due to lost opportunity cost denied based on "as is" market valuation.
Procedural posture
Secured creditor bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2), as to its claim against chapter 11 debtors, the managers and members of several business entities, including a former debtor limited liability company (LLC).
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Court
:
- 11 U.S.C.
Shannon v. Walton (In re Walton)
Jun
13
2012
Ruling
Revocation of discharge proceeding dismissed as untimely filed.
Procedural posture
Creditor, an investor non-manager in a sporting goods business with debtor, the manager of the business, asserted claims pursuant to 11 U.S.C.S. § 523(a)(2) and 727(d)(1) in his amended complaint, asserting that the debtor diverted funds away from a buyout agreement with the creditor to pay down debtor's own liabilities as part of an elaborate fraud scheme.
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Court
:
- 11 U.S.C.
Knaub v. Golba (In re Golba)
May
15
2012
Ruling
Debt owed by principal of construction company to homeowners was nondischargeable due to misrepresentation regarding ability to build a replacement home.
Procedural posture
Homeowners filed separate adversary proceedings against defendants, the principal of a company that sold them a home and a representative who worked for the company, seeking a determination that although both defendants had declared chapter 7 bankruptcy, they owed the homeowners debts that were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The court dismissed some of the claims and tried claims that were not dismissed.
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Court
:
In re Nordin
May
09
2012
Ruling
Conversion to chapter 13 denied on reconsideration due to new evidence of bad faith.
Procedural posture
Chapter 7 trustee and a creditor filed a joint motion to reconsider and vacate a court order granting the debtor's motion to convert from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(a).
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Court
:
- 11 U.S.C.
In re Renteria
Apr
26
2012
Ruling
Confirmation denied due to unfair discrimination against unsecured creditors in favor of student loan creditors.
Procedural posture
Below-median income debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A trustee who was appointed to administer the debtors' plan filed an objection to confirmation of the plan, claiming that it unfairly discriminated among unsecured creditors.
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Court
:
- 11 U.S.C.
Wieland v. Assaf (In re Soberanis-Soberanis)
Apr
12
2012
Ruling
Bankruptcy petition preparer and associate sanctioned for misrepresentations regarding compensation, associate's involvement and debtors' participation in counseling.
Procedural posture
Movant trustee asserted that respondents, a bankruptcy petition preparer and an associate of the preparer, improperly prepared and filed bankruptcy documents on behalf of bankruptcy debtors without making required disclosures and improperly provided legal advice to the debtors. The preparer and the associate were ordered to show cause why sanctions should not be imposed against them.
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Court
:
In re Bernhardt
Feb
28
2012
Ruling
Debtor's attorney who used a template rather than time records, charged for travel not actually taken and engaged in fee splitting ordered to disgorge all fees.
Procedural posture
The United States Trustee moved to examine the reasonableness of fees charged by debtor's attorney, seeking an order requiring the latter to disgorge all fees paid in several cases.
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Court
:
- 11 U.S.C.
In re H.T. Pueblo Props. LLC
Dec
30
2011
Ruling
Relief from stay granted as debtor had no reasonable prospect of reorganization or providing adequate protection.
Procedural posture
Movant, the principal secured creditor, filed a motion for relief from the automatic stay, and a motion for adequate protection, under 11 U.S.C.S. §§ 361-363, against chapter 11 debtor in possession, whose sole asset was a Ramada Inn motel.
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Court
: