In re Kloberdanz
Nov
21
2011
Ruling
Technical abandonment of property not disclosed in schedules revoked to allow trustee to proceed with sale.
Procedural posture
Before the court was the Trustee's Motion to Revoke Technical Abandonment Under 11 U.S.C.S. § 554(c) (the "Revocation Motion"), debtor's response thereto, and the Trustee's Application for Authority (A) to Employ and Compensate a company as Auctioneer and (B) to Sell Property of the Estate Free and Clear of Liens, Claims, and Interests Pursuant to 11 U.S.C.S. § 363(b)(1) by Public Auction (the "Application"), and debtor's response thereto.
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Court
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In re DB Capital Holdings LLC
Nov
14
2011
Ruling
Case dismissed due to futility of pursuing debtor's lawsuits and no hope of recovery for unsecured creditors.
Procedural posture
The United States Trustee filed motions to dismiss chapter 11 cases under 11 U.S.C.S. § 1112(b).
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Court
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Thompson v. Flagstar Bank FSB (In re SGD Timber Canyon LLC)
Nov
03
2011
Ruling
Fees and costs incurred in obtaining remand were not recoverable where original removal was reasonable.
Procedural posture
This matter came before the court on the Motion for Award of Costs and Expenses Related to Removal filed by plaintiffs, debtor and its sole member, and defendant creditor's Response in Opposition.
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Court
:
- 11 U.S.C.
Jagow v. GEF Servs. LLC (In re Content Distrib.)
Nov
02
2011
Ruling
Existing preliminary injunction in fraudulent transfer proceeding was sufficient to prevent further loss of assets.
Procedural posture
Chapter 7 trustee moved to modify the preliminary injunction the court had entered against defendant, the purchaser of the assets of debtor corporation. The adversary proceeding sought recovery of the assets as fraudulent transfers under 11 U.S.C.S. §§ 544, 548 and Colo. Rev. Stat. § 38-8-105. The purpose of the preliminary injunction was to prevent the loss of the assets transferred pre- petition.
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Court
:
- 11 U.S.C.
In re Plateau Energy Inc.
Oct
28
2011
Ruling
Relief from stay to foreclose granted as debtor's case was filed in bad faith.
Procedural posture
Debtor limited liability company filed a petition under Chapter 11 of the Bankruptcy Code, and a bank that had loaned the debtor money filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the debtor declared bankruptcy so it could foreclose on real property that was owned by the debtor's managing members. The debtor opposed the motion.
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Court
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In re HT Pueblo Props. LLC
Oct
24
2011
Ruling
Debtor motel owner and operator could use revenue from room occupancy.
Procedural posture
A bankruptcy debtor owned and operated a motel and contended that use of revenue from room occupancy was essential to the continued operation of the motel and a successful reorganization. A creditor secured by the motel moved to prohibit the debtor from using the room revenues asserting that the revenues were the creditor's cash collateral.
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Court
:
- 11 U.S.C.
Rosenthal v. Gill (In re Gill)
Jul
28
2011
Ruling
Debt arising from violation of state trust fund statute was nondischargeable.
Procedural posture
Plaintiff homeowner filed an adversary proceeding against defendant debtors in which he argued that a debt arising out of defendants' violation of the Colorado Construction Trust Fund Statute, Colo. Rev. Stat. § 38-22-127, was nondischargeable under 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Koenigsberg
Jun
30
2011
Ruling
Prepetition interest on judgment based on guaranty of lease obligation allowed but subject to statutory cap.
Procedural posture
Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and an LLC filed a claim against the debtor's bankruptcy estate. The court allowed the LLC's claim in part in the amount of $230,260, and the LLC filed a motion to modify the court's award which sought allowance of prepetition interest in the amount of $29,459.
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Court
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McVay v. Digesualdo (In re Digesualdo)
Jun
30
2011
Ruling
Denial of discharge denied where debtor's intentions were honest and errors were promptly corrected.
Procedural posture
Plaintiff U.S. Trustee brought an adversary proceeding against defendant bankruptcy debtors seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a) based on the debtors' concealment and transfers of assets and false statements.
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Court
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In re Rancher Energy Corp.
Jun
30
2011
Ruling
Claims for securities violations subordinated to level of common stock.
Procedural posture
Chapter 11 debtor filed an omnibus objection to proofs of claim of its stockholders, asserting that the subject claims were barred by the statute of limitations, and, to the extent they could be allowed, the claims were subordinated to the level of common stock pursuant to 11 U.S.C.S. § 510(b).
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Court
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