- 11 U.S.C.
In re Price
May
08
2008
Ruling
Motion for modification denied on grounds of substantial completion.
Procedural posture
Debtor filed a motion to modify her confirmed chapter 11 plan. Two creditors objected to the motion, asserting, among other things, that the debtor could not seek to modify her plan post-confirmation because her confirmed plan had been substantially consummated, and that the debtor failed to demonstrate that the plan as modified was feasible.
ABI Membership is required to access the full summary of In re Price Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
FTC v. Abeyta (In re Abeyta)
May
08
2008
Ruling
Judgment for FTC violations was nondischargeable.
Procedural posture
Plaintiff Federal Trade Commission (FTC) sought summary judgment on a claim that a prior judgment (Judgment) rendered on summary judgment against debtor for violations of § 5(a) of the Federal Trade Commission Act, 15 U.S.C.S. § 13(b), was nondischargeable in debtor's chapter 11 under 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the Judgment collaterally estopped debtor from contesting the FTC claim that the Judgment was nondischargeable.
ABI Membership is required to access the full summary of FTC v. Abeyta (In re Abeyta) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Splawn
Apr
25
2008
Ruling
Chapter 7 debtors who were denied discharge on grounds of bad faith forfeited right to convert to chapter 13.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a creditor filed an adversary proceeding, seeking an order denying the debtors' discharge. The court denied the debtors' discharge, and the debtors filed a motion under 11 U.S.C.S. § 706, seeking an order allowing them to convert their case to one under chapter 13 of the Bankruptcy Code. The creditor filed an objection to the debtors' motion.
ABI Membership is required to access the full summary of In re Splawn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Potter
Apr
16
2008
Ruling
Creditor sanctioned for prosecuting state court action against another creditor in violation of stay.
Procedural posture
A bank filed a motion requesting the court to enter sanctions for violations of the automatic stay against another creditor under 11 U.S.C.S. § 105 based on the creditor's continued prosecution of a state court action.
ABI Membership is required to access the full summary of In re Potter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Aerobox Composite Structures LLC
Apr
10
2008
Ruling
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
Procedural posture
The debtor's filed a motion to impose sanctions for violations of stay under 11 U.S.C.S. § 362 against the debtor's former employee for actions in connection with a proceeding before the Human Rights Commission (NM-HRC), which was part of the State of New Mexico Department of Labor, Human Rights Division. The employee had filed a discrimination complaint after she was terminated that resulted in a judgment against the debtor.
ABI Membership is required to access the full summary of In re Aerobox Composite Structures LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Potter
Mar
19
2008
Ruling
Relief from stay to allow foreclosure granted but execution precluded until resolution of fraudulent transfer proceeding.
Procedural posture
A bankruptcy debtor owned real property consisting of three tracts which were subject to a covenant that the tracts could not be sold separately, and the debtor transferred the property to a trust by quitclaim deed. A bank secured by one of the tracts, and a homeowners' association (HOA) which claimed a lien against the property for unpaid assessments, moved for relief from the bankruptcy stay under 11 U.S.C.S. § 362(d) to pursue foreclosure.
ABI Membership is required to access the full summary of In re Potter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
United States Trustee v. Richesin (In re Richesin)
Feb
12
2008
Ruling
Cumulative effect of several omissions from statements and schedules resulted in denial of discharge.
Procedural posture
Plaintiff, the United States trustee, brought an adversary proceeding objecting to the discharge of the defendant debtor under 11 U.S.C.S. § 727(a)(2)(A) and 727(a)(4). The claims concerned the debtor's interest in and connection to a corporate entity, and his statements under oath that he did not have an ownership interest in that entity, despite factual evidence to the contrary.
ABI Membership is required to access the full summary of United States Trustee v. Richesin (In re Richesin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bates
Jan
11
2008
Ruling
Extension of time granted for objection to discharge where trustee discovered possible unscheduled preferential transfers on eve of deadline.
Procedural posture
Movant creditor asked the court to extend the deadline to file a complaint to determine dischargeability of certain obligations that the creditor claimed were owed to him by debtors. At issue was whether the creditor, who sought to file a complaint under 11 U.S.C. § 523(a)(6), was entitled to relief from the existing deadline under Fed. R. Bankr. P. 4007.
ABI Membership is required to access the full summary of In re Bates Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ziemann
Jan
10
2008
Ruling
Postpetition state court order for debtor to pay former spouse's legal fees did not qualify as an administrative expense.
Procedural posture
Debtor moved for an order determining the priority of and clarifying the payee on an award of legal fees ordered by a state domestic relations court and modifying the chapter 11 plan of reorganization to provide for payment thereof. Objector spouse, the beneficiary of the legal fee order, argued that it was not properly characterized as an administrative claim and asked that the motion be denied.
ABI Membership is required to access the full summary of In re Ziemann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Holcomb v. Hardeman (In re Holcomb)
Jan
07
2008
Ruling
Automatic stay in debtor's second case did not terminate thirty days after petition date with regard to estate property.
Procedural posture
Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which concluded, pursuant to 11 U.S.C. § 362(c)(3)(A), that the automatic stay imposed on the filing of their chapter 13 case terminated with respect to the estate property on the 30th day after the initiation of their case.
ABI Membership is required to access the full summary of Holcomb v. Hardeman (In re Holcomb) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available