Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.)
Jan
15
2013
Ruling
Administrative expense status for all but one of creditor's claims barred by bar date order.
Procedural posture
The chapter 7 trustee moved to dismiss the counterclaims asserted by creditor, which asserted its claims for damages allegedly caused by the tortious acts of a custodian, who handled debtors' accounts prior to the filing of the original chapter 11 petition and the appointment of a chapter 11 trustee, were entitled to administrative priority under 11 U.S.C.S. § 503(b)(1)(A) or (b)(3)(E).
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Court
:
- 11 U.S.C.
Royal v. First Interstate Bank (In re Trierweiler)
Dec
28
2012
Ruling
Bankruptcy court properly held that defining the Mortgage Electronic Registration Systems as mortgagee did not split note from mortgage to make it invalid or avoidable.
Procedural posture
Appellant trustee sought review of a decision from the United States Bankruptcy Court for the District of Wyoming, in favor of appellees, a bank and the Mortgage Electronic Registration Systems (MERS), on his adversary complaint seeking to avoid under 11 U.S.C.S. § 544 the mortgage on the debtors' home.
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Court
:
Judge or Jurisdiction information not available
In re Osborne
Dec
21
2012
Ruling
Trustee's interim fee application granted with respect to services rendered in recovery of assets for the estate.
Procedural posture
The matter under advisement was the first interim application filed by the chapter 7 Trustee, for approval of fees and expenses for special counsel for the Trustee. Debtor objected to the payment of any fees to the special counsel.
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Court
:
In re Alternate Funds
Dec
10
2012
Ruling
Debt based on notes assigned to purchaser of debtor's mining business assets recharacterized as equity investment and subordinated as unsecured claim.
Procedural posture
A chapter 11 trustee, objected to a proof of claim submitted by defendant purchasers.
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Court
:
- 11 U.S.C.
In re Dickinson Theaters Inc.
Dec
04
2012
Ruling
Confirmation denied for seeking to extend period for assumption or rejection beyond confirmation date.
Procedural posture
The court held an evidentiary hearing on confirmation of debtor's First Amended and Restated Plan of Reorganization Dated November 5, 2012, as modified during the confirmation hearing (the Plan). Two objections to confirmation were filed, one by the Treasurer of Maricopa County, Arizona, which the court stated debtor would resolve by agreement, and one by two creditors.
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Court
:
- 11 U.S.C.
In re Lunt
Aug
31
2012
Ruling
Trustee's offset of trust distribution to satisfy debtor's interest obligation on note did not violate discharge injunction.
Procedural posture
Debtor, a beneficiary of a family trust, brought a motion alleging contempt by the trustee of the trust for violation of the discharge injunction in debtor's estate, pursuant to 11 U.S.C.S. § 524(a)(2). The trustee and the other two sibling-beneficiaries, asserted that the trustee's offset of a distribution of trust income to the debtor to satisfy debtor's obligation for interest on a promissory note. The parties moved for summary judgment.
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Court
:
- 11 U.S.C.
Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.)
Mar
13
2012
Ruling
Allegedly fraudulent transfer of operating expenses and loan payments to others could not be recovered from lender that allegedly benefitted.
Procedural posture
Chapter 7 trustee sought to avoid allegedly fraudulent transfers made by the debtors and to recover the value thereof from defendant, a finance corporation and lender (lender). As to one of the counts, the lender moved for summary judgment under Fed. R. Civ. P. 56, made applicable by Fed. R. Bankr. P. 7056, on the basis that it could not be liable within the meaning of 11 U.S.C.S. § 550(a)(1).
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Court
:
- 11 U.S.C.
In re Townsend
Jan
12
2012
Ruling
Debtors who had not resided in current state for requisite period and no longer qualified for exemption in prior state of residence could claim federal exemption.
Procedural posture
Chapter 7 trustee objected to the debtors' assertion they were eligible to claim the federal exemptions provided by 11 U.S.C.S. § 522(d).
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Court
:
- 11 U.S.C.
Riederer v. John Dietrich Ins Inc. (In re Brooke Corp.)
Oct
26
2011
Ruling
Trustee's proceeding to recover agent settlement balance from transferee denied as affiliation agreement had not been terminated.
Procedural posture
Chapter 7 trustee sought to recover from defendants (insurance agencies and/or agents franchisees of debtor) agent statement balances and other similar obligations allegedly owed by the agents to the bankruptcy estates. Two of the defendants moved to dismiss for failure to state a claim pursuant to Fed. R. Bankr. P. 7012(b), which incorporated Fed. R. Civ. P. 12(b)(6).
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Court
:
Nazar v. Carmichael (In re Carmichael)
Sep
21
2010
Ruling
Trustee could not sell manufactured home, in which debtor claimed homestead exemption, to realize value of avoided lien.
Procedural posture
Plaintiff trustee sought turnover and sale of a co-tenant's interest, by which the trustee sought to sell debtor's homestead in an effort to recover the value of an unperfected lien in debtor's manufactured home which was previously avoided and preserved for the benefit of the estate. Defendant debtor moved for summary judgment.
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Court
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