Judge McFeeley

In re Aerobox Composite Structures

A corporate debtor filed a petition under chapter 11, and a company that licensed technology to the debtor before the debtor declared bankruptcy filed a motion to compel the debtor to reject the parties'agreement or, in the alternative, for relief from the automatic stay.
Ruling: 
Licensor not entitled to order compelling debtor to reject executory agreement.
ABI Membership is required to access the full summary of In re Aerobox Composite Structures. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Cordova

A debtor filed a voluntary petition under chapter 13, and a trustee was appointed to the case. The trustee filed a motion to dismiss the debtor's action, based on the debtor's failure to comply with requirements of the Bankruptcy Code, and several creditors supported the trustee's request.
Ruling: 
Debtor's third chapter 13 case dismissed due to failure to demonstrate feasibility or filing of state tax returns.
ABI Membership is required to access the full summary of In re Cordova. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Edmondson

The debtors moved for confirmation of their chapter 13 plan. Creditor filed an objection.
Ruling: 
Mortgage payment on rental property which debtor planned to surrender could not be included in calculation of projected disposable income.
ABI Membership is required to access the full summary of In re Edmondson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Roswell Ford Lincoln Mercury Inc. v. Larsen (In re Larsen)

Plaintiff creditor filed an adversary proceeding against defendant debtor, seeking a judgment finding that a debt was nondischargeable because it was procured by false pretenses, a false representation, or actual fraud under 11 U.S.C. § 523(a)(2)(A), or resulted from willful and malicious injury under 11 U.S.C. § 523(a)(6).
Ruling: 
Stop payment order on check debtor gave to thrid party but presented earlier than debtor intended did not render debt nondischargeable.
ABI Membership is required to access the full summary of Roswell Ford Lincoln Mercury Inc. v. Larsen (In re Larsen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Beery v. Gonzales (In re Beery)

Plaintiff debtor filed a motion under 11 U.S.C. § 324 seeking removal of defendant chapter 7 trustee, asserting that the trustee failed to timely administer the assets of the bankruptcy estate and that she failed to investigate a potential claim belonging to the estate. The trustee filed a motion for summary judgment.
Ruling: 
Trustee could not be removed where delays in case were caused by debtor.
ABI Membership is required to access the full summary of Beery v. Gonzales (In re Beery). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Valdez

Debtors filed a voluntary petition under chapter 13 and a plan for paying their creditors. Several months later, they filed an amended plan and asked the court to approve their amended plan. A creditor opposed the amended plan.
Ruling: 
Amended plan calling for sale of house and distribution of proceeds rather than monthly payments approved subject to four month limitation on sale.
ABI Membership is required to access the full summary of In re Valdez. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Southwest Fin. Of Alamogordo Inc. v. Valdez (In re Valdez)

Plaintiff creditor filed a complaint against defendant debtor, seeking a determination that debt owed it was nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (B). The debtor requested attorneys'fees and costs under 11 U.S.C. § 523(d).
Ruling: 
Loan debt was dischargeable where alleged misrepresentations were not made by debtor but by debtor's father.
ABI Membership is required to access the full summary of Southwest Fin. Of Alamogordo Inc. v. Valdez (In re Valdez). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Villegas

The chapter 7 trustee recovered a postpetition transfer under the authority of 11 U.S.C. § 550. The debtor, following the recovery, claimed a homestead exemption in the property. The trustee asserted that under the express language of 11 U.S.C. § 522(g), the debtor could not claim an exemption in the recovered property even though no objection to the debtor's claimed exemption was filed.
Ruling: 
Debtor could not claim exemption in property recovered by trustee despite lack of objection.
ABI Membership is required to access the full summary of In re Villegas. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Alexander v. Hardeman

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the Western District of Oklahoma, which denied confirmation of debtor's plan under 11 U.S.C. § 1325(a)(3) and dismissed the case under 11 U.S.C. § 1307(c).
Ruling: 
Bankruptcy court did not err in denying confirmation and dismissing case for bad faith due to debtor's failure to list all assets.
ABI Membership is required to access the full summary of Alexander v. Hardeman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Edmondson

In connection with a final hearing on plan confirmation in a chapter 13 bankruptcy that was filed by above-median income debtors, the court considered whether "projected disposable income" (PDI) as described in 11 U.S.C. § 1325(b)(1)(B) was to be determined based solely on the contents of Official Bankr. Form B22C or whether it was appropriate to consider debtors'Schedules I and J in making such calculation.
Ruling: 
Above-median debtors were restricted to expenses reported on Form B22C but actual income reported on Schedule I could be considered in determining projected disposable income.
ABI Membership is required to access the full summary of In re Edmondson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge McFeeley