- 11 U.S.C.
First Natl Bank v. Woods (In re Woods)
Feb
27
2012
Ruling
Chapter 12 plan confirmed over objection to inclusion of construction loan in debt calculation, interest rate and term of plan.
Procedural posture
Debtors proposed a chapter 12 plan which provided for repayment of appellant creditor secured by the debtors' farm property by making monthly payments and a balloon payment after the term of the plan expired, with an interest rate determined by formula. The creditor appealed the order of the U.S. Bankruptcy Court for the District of Colorado which confirmed the debtors' plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Willis
Nov
14
2011
Ruling
Plans not proposing equal monthly payments to secured creditors could not be confirmed.
Procedural posture
The debtors in four plans proposed that their secured creditors be paid monthly, but in prorated amounts based upon the creditors' ratable shares of each monthly disbursement after deduction of the trustee's fees, the debtors' attorney's fees, and other payments. The creditors objected.
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Court
:
In re 1 Ashbury Court Partners LLC
Oct
05
2011
Ruling
Confirmation denied on feasibility grounds due to probable insufficiency of income from debtor's apartment complex.
Procedural posture
Debtor, an LLC that owned and operated an apartment complex in Kansas, filed a petition under chapter 11 and proposed a third amended plan for repaying its creditors. The Federal National Mortgage Association ("FNMA") filed an objection to the debtor's plan.
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Court
:
- 11 U.S.C.
Davis v. Weddington (In re Weddington)
Sep
07
2011
Ruling
Discharge denied due to material omission of new job and income.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint objecting to defendant Chapter 7 debtor's discharge pursuant to various provisions of 11 U.S.C.S. § 727(a). He also sought to expand the debtor's Chapter 7 estate pursuant to 11 U.S.C.S. § 348(f)(2), he objected to the debtor's exemption of his hunting equipment as a tool of the trade under Kan. Stat. Ann. § 60-2304(e). The trustee moved for partial summary judgment on his false oath claim.
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Court
:
- 11 U.S.C.
Parks v. Brooks (In re Brooks)
Jul
14
2011
Ruling
Improperly perfected bank lien avoided.
Procedural posture
Trustee brought an adversary proceeding against defendant bank seeking to avoid the bank's lien against a bankruptcy debtor's exempt mobile home as unperfected, and to recover outstanding and future payments on the bank's loan to the debtor to finance the purchase of real property and the mobile home.
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Court
:
In re Woods
Mar
07
2011
Ruling
Chapter 11 case dismissed for cause as a serial filing and an improper attempt to modify confirmed plan in debtor's prior chapter 11 case.
Procedural posture
A secured creditor filed a motion for relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d) and a motion to dismiss the chapter 11 debtors' case for cause pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
Friesen v. Seacoast Capital Partners II LP (In re QuVis Inc.)
Feb
18
2011
Ruling
Small business investment company was not an insider so that secured claim could not be subordinated.
Procedural posture
Noteholders filed an adversary proceeding against defendant, a Small Business Investment Company ("SBIC"), seeking an order pursuant to 11 U.S.C.S. § 510(c) to subordinate a claim the SBIC filed against a chapter 11 debtor's bankruptcy estate. The SBIC filed a motion for summary judgment creditor.
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Court
:
Williams v. Capital Asset Recovery LLC (In re McMullen)
Jan
06
2011
Ruling
Perfection of security interest by original creditor remained effective to protect assignee from avoidance.
Procedural posture
Chapter 13 trustee invoked her hypothetical lien creditor powers under 11 U.S.C.S. § 544(a) to avoid defendant creditor's lien in a vehicle. The matter was pending judgment.
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Court
:
- 11 U.S.C.
In re RIM Dev. LLC
Aug
13
2010
Ruling
Relief from stay granted allow creditor to enforce security interest where debtor failed to propose plan with reasonable possibility of confirmation.
Procedural posture
A debtor in a single asset real estate case proposed successive plans for completion of the debtor's planned residential and commercial development with payments to secured creditors. A creditor secured by certain town homes in the development moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(3)(A) to allow the creditor to enforce its security interest.
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Court
:
- 11 U.S.C.
Crowson v. Zubrod (In re Crowson)
May
26
2010
Ruling
Bankruptcy court erred in not requiring turnover of non-debtor spouse's portion of tax refund.
Procedural posture
Debtor filed a petition under chapter 7, and the trustee was appointed to administer the debtor's bankruptcy estate. The trustee demanded that the debtor turn over a tax refund she and her non-debtor spouse received, and the Bankruptcy Court for the District of Wyoming issued an order requiring the debtor to turn over the entire amount of the refund. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available