Thurner Indus. V. Gunnicon Energy Corp. (In re Riviera Drilling & Exploration Co.)
Dec
17
2013
Ruling
Creditor could propose plan after expiration of exclusivity period for small business debtor.
Issue(s)
May a creditor file a plan where the deadline of 300-days after the order for relief expires without being extended.
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Court
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Judge or Jurisdiction information not available
In re Wade
Dec
05
2013
Ruling
Stay terminated as to rejected leased property but attempts to secured personal judgment against debtor for prepetition debts violated stay.
Issue(s)
Did creditor's attempt to secure judgment against debtor personally for prepetition debt following rejection of underlying lease violate stay.
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Court
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In re L&T Machining Inc.
Jul
03
2013
Ruling
Case dismissed due to debtor's failure to comply with plan obligations.
Procedural posture
U.S. Trustee filed a motion to dismiss chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112.
Issue(s)
Whether a chapter 11 bankruptcy case that was filed by a corporate debtor that was in the business of manufacturing airplane parts should be dismissed or converted to a case under chapter 7 of the Bankruptcy Code, pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
- 11 U.S.C.
In re Stull
Mar
27
2013
Ruling
Confirmation of above median debtor's plan denied due to proposal to pay interest on unsecured student loan debt without paying other unsecured creditors in full.
Procedural posture
An above-median income debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors that treated his nondischargeable student loan debt more favorably than his other unsecured creditors by paying it in full with interest over the plan's duration. The chapter 13 trustee filed an objection to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
Wiebe v. Kansas Dept. of Labor (In re Wiebe)
Jan
25
2013
Ruling
State labor department penalty that was not compensatory was excepted from discharge.
Procedural posture
Debtors filed this adversary proceeding to obtain a determination that the $123,966 penalty imposed by the Kansas Department of Labor should not be excepted from their discharge under 11 U.S.C.S. § 523(a)(7) because, as they argued, it was compensatory.
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Court
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In re Peake
Oct
15
2012
Ruling
Trustee's objection to homestead exemption overruled as debtor did not receive interest in property within 1215 days of petition date and was not subject to cap.
Procedural posture
Before the court was the chapter 7 trustee's objection to debtor's homestead exemption. The trustee objected to the exemption of debtor's share of the homestead, claiming that he acquired all of it within 1,215 days of filing and that any equity he had in it was subject to the 11 U.S.C.S. § 522(p) limitation.
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Court
:
- 11 U.S.C.
In re Eck
Oct
01
2012
Ruling
Trustee's attorneys' fees incurred in recovering undisclosed assets for the estate approved.
Procedural posture
A creditor filed an objection to a chapter 7 trustee's final report, claiming that the fees requested were unreasonable under 11 U.S.C.S. § 330(a)(3).
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Court
:
- 11 U.S.C.
In re Couchman
Aug
20
2012
Ruling
Amended plan confirmed as not violating conditional order with creditor that authorized possible amendment.
Procedural posture
In a chapter 12 case, the debtor filed an amended motion to modify the plan under 11 U.S.C.S. § 1229 in order to extend the time in which payments could be made. A bank objected.
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Court
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In re Clark
Jun
18
2012
Ruling
Deficiency claim allowed as protected by res judicata.
Procedural posture
Debtors, a married couple, objected to a $1.7 million proof of claim (POC) filed in their chapter 11 case by a bank that was asserting a right to a prepetition default deficiency judgment after the proceeds of its sale of real estate securing debtors' note were insufficient to pay the balance due on the note. Debtors sought to litigate claims that included that the foreclosure sale was conducted in bad faith and that the bank's bid was too low.
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Court
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In re Long
May
07
2012
Ruling
Debtor who had not lived in district for requisite period and whose former state limited exemptions to residents could claim federal exemptions.
Procedural posture
Before the court in debtor's bankruptcy case was the chapter 13 Trustee's objection to exemption.
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Court
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