Alpine Bank v. Lakota Canyon Ranch Dev. LLC (In re Lakota Canyon Ranch Dev.)
Jan
25
2012
Ruling
Relief from stay granted given lack of equity cushion, decline in property value and no probability of confirmable plan.
Procedural posture
A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2).
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Court
:
- 11 U.S.C.
In re Shane Co.
Jan
04
2012
Ruling
Lease rejection damages capped pursuant to §502(b)(6).
Procedural posture
Chapter 11 debtor filed an objection to a claim filed by a creditor, which sought lease rejection damages of over $6 million.
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Court
:
- 11 U.S.C.
In re Loeffler
Dec
21
2011
Ruling
Confirmation denied due to failure to adequately deal with possible avoidable transfer made on eve of filing date.
Procedural posture
Creditor bank filed an objection to chapter 13 debtor's second amended chapter 13 plan, and the court held a hearing on confirmation of that plan.
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Court
:
- 11 U.S.C.
In re Contino
Jul
20
2011
Ruling
Presumption of Bad Faith.
Procedural posture
The chapter 7 debtors filed a motion for extension of the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3). A mechanics lien creditor opposed the motion.
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Court
:
- 11 U.S.C.
In re Nicholson
May
10
2011
Ruling
Debtors not entitled to discharge in converted chapter 7 case originally filed under chapter 13 within eight years of prior discharge.
Procedural posture
Before the court was a bankruptcy trustee's motion to deny the debtors a discharge pursuant to 11 U.S.C.S. § 727(a)(8).
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Court
:
In re Moore
Jan
26
2011
Ruling
Confirmation denied due to insufficient commitment of projected disposable income to plan.
Procedural posture
This case came before the court for confirmation of debtor's Third Amended Chapter 13 Plan (TAP). Following an evidentiary hearing, the court took the matter under advisement. The trustee objected to confirmation.
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Court
:
- 28 U.S.C.
Archangel Diamond Corp. v. OAO Lukoil (In re Archangel Diamond Corp.)
Oct
28
2010
Ruling
Discretionary abstention exercised with regard to debtor's RICO action against Russian company.
Procedural posture
Debtor, a Canadian company, filed an action in the Denver District Court (Colorado) in 2001, alleging, inter alia, that defendant, a Russian company, breached a contract the parties entered for the purpose of mining diamonds. The case was moved to federal district court and referred to the bankruptcy court after the debtor was forced into bankruptcy, and the Russian company filed a motion for abstention and remand to the state court.
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Court
:
In re King
Oct
27
2010
Ruling
Above-median debtor with negative disposable income required to propose plan with 60- month commitment period.
Procedural posture
The chapter 13 debtors filed an amended plan. Their current monthly income was above the applicable median family income. The plan proposed a payment of $ 350 per month for 44 months, and the plan did not propose to pay all the unsecured creditors in full. The trustee filed an objection to plan, arguing that the debtors were required to propose a 60 month plan under 11 U.S.C.S. § 1325(b).
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Court
:
- 11 U.S.C.
In re Wilcox
Sep
07
2010
Ruling
Modification of second mortgage that reflected prior agreement did not prevent confirmation of plan.
Procedural posture
Pending before the court was the debtor's second amended chapter 13 plan including valuation of collateral and classification of claims and the chapter 13 trustee's objection to confirmation of the plan pursuant to 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Olguin
Apr
29
2010
Ruling
Social security benefits contributed to household by non-debtor grandparents needed to be included in calculation of current monthly income.
Procedural posture
Before the court was the Standing Chapter 13 Trustee's Objection to Confirmation of debtors' chapter 13 Plan.
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Court
: