In re Anderson
Oct
02
2007
Ruling
Equity accumulated in homestead during look back period did not limit exemption.
Procedural posture
A bankruptcy debtor claimed a homestead exemption which was unlimited under state law, but the bankruptcy trustee asserted that the exemption was limited by 11 U.S.C. § 522(p) based on the equity in the homestead which the debtor accumulated by paying down the mortgage on the homestead during the 1,215-day look-back period of section 522(p). The trustee objected to the claimed exemption and moved for summary judgment.
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Court
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Shapland v. Shapland (In re Shapland)
Feb
16
2007
Ruling
Discharge denied due to debtor's attempts to hinder, delay or defraud former spouse with regard to debts owed pursuant to divorce decree.
Procedural posture
Plaintiff, chapter 7 debtor's former wife, filed an adversary proceeding against debtor, seeking an order denying debtor a discharge under 11 U.S.C. § 727(a).
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Court
:
- 11 U.S.C.
PHH Mortgage Corp. v. Dick (In re Dick)
Feb
09
2007
Ruling
Property which was undisclosed in schedules and remained in estate was subject to stay.
Procedural posture
Plaintiff creditor filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant trustee's counterclaim against the creditor for damages and for violating the automatic stay under 11 U.S.C. § 362(h) by including a mobile home in a foreclosure action and by commencing a quiet title action.
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Court
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In re Helmers
Jan
30
2007
Ruling
Voluntary dismissal granted as better serving interests of creditors than conversion to chapter 7.
Procedural posture
After debtors, a husband and wife, filed a chapter 11 bankruptcy, the U.S. Trustee ("UST") filed a motion pursuant to 11 U.S.C. § 1112(b) to convert the case to a proceeding under chapter 7 for cause. Debtors objected to conversion and sought an outright dismissal thereof.
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Court
:
- 11 U.S.C.
Speth v. Vaupel (In re Smith)
Dec
08
2006
Ruling
Postpetition recording of warranty avoided as unauthorized transfer.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid a postpetition transfer made to defendant transferees by virtue of a warranty deed from debtor to defendants that was not recorded until well after the date of the petition. The trustee proceeded under 11 U.S.C. § 549. The matter was pending judgment. Also pending was defendants' motion to sell the property.
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Court
:
- 11 U.S.C.
Davis v. I.P.H.F.H.A. Inc.
Nov
09
2006
Ruling
Ordinary course of business defense to avoidance did nto apply to late insurance payments where premiums were not regularly paid on a late basis.
Procedural posture
Plaintiff chapter 7 trustee sought to avoid as preferences under 11 U.S.C. § 547(b) debtor's payments to defendant association for past due commercial insurance premiums. The association stipulated that the trustee met the elements for a preference but asserted the ordinary course of business and new value defenses under section 547(c)(2) and (1). The trustee filed a motion to exclude invoices from evidence.
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Court
:
- 11 U.S.C.
In re Mayer
Oct
02
2006
Ruling
Increased workload under BAPCPA justified higher attorneys'fees.
Procedural posture
The standing trustee objected to confirmation of three chapter 13 plans. At issue was whether the amount sought to be paid as fees to counsel for the debtors, which fees were higher than the "presumptive" amount previously approved by the court, was properly charged and the impact on that determination of changes in counsel's responsibilities resulting from enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
:
- 11 U.S.C.
Case v. Hilgers (In re Hilgers)
Sep
25
2006
Ruling
Debtor's remainder interest in revocable inter vivos spendthirft trusts was property of the estate where the trusts were terminated prepetition.
Procedural posture
Plaintiff bankruptcy trustee sought a declaration that defendant debtor's remainder interests in three revocable inter vivos trusts were assets of the debtor's bankruptcy estate and subject to turnover. Defendant oil company claimed an interest in the debtor's remainder interests as a prepetition judgment creditor. The case was tried by the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Rolling Thunder Gas Gathering LLC
Aug
16
2006
Ruling
Claim based on note from debtor to creditors for assignment to debtor's parent company disallowed.
Procedural posture
The Official Unsecured Creditors Committee for chapter 11 debtor objected to a claim filed by alleged creditors of debtor.
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Court
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United States v. Krause (In re Krause)
Aug
08
2006
Ruling
Payment of fees for debtor's counsel as special counsel to United States Trustee from frozen assets denied.
Procedural posture
Debtor moved for the payment of the professional fees of his counsel as special counsel to the U.S. trustee, to be paid from frozen funds that either belonged to the estate or various trusts and other entities. The court conditioned any such payment upon a requirement that debtor to make full disclosure of all potential estate assets. A second defendant also sought payment for his counsel.
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Court
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