Telluride Asset Resolution LLC v. Telluride Global Dev. LLC (In re Telluride Income Growth LP)
Mar
05
2007
Ruling
Bankruptcy court properly exercised permissive abstention in declining to rule on whether to lift existing state court injunction against involuntary debtor.
Procedural posture
The Bankruptcy Court for the District of Colorado held in Order 1, that an adversary proceeding was properly dismissed and abstained from ruling on a motion to lift a preliminary injunction. In Order 2, it remanded equitable contract breach claims to a state court where similar claims pended. Appellants (entity 1 and entity 2), who had purchased, both pre- and postpetition, various interests in debtor's property, challenged the orders.
ABI Membership is required to access the full summary of Telluride Asset Resolution LLC v. Telluride Global Dev. LLC (In re Telluride Income Growth LP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Rinehart v. Sharp (In re Sharp)
Jan
22
2007
Ruling
Debtor that earned virtually all income from cattle farming properly ruled an eligible debtor under chapter 12.
Procedural posture
Appellants sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which determined that appellee debtor qualified as a farmer as defined under 11 U.S.C. § 101(20) and that the debtor was therefore exempt from involuntary proceedings.
ABI Membership is required to access the full summary of Rinehart v. Sharp (In re Sharp) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 11 U.S.C.
In re Valencia Flour Mill Ltd.
Aug
22
2006
Ruling
Modification of plan denied due to change in classification of claim without creditor's consent and insufficient payments to a secured creditor.
Procedural posture
A corporate debtor submitted a modification to its plan of reorganization for confirmation, proposing to modify or limit the claims two secured creditors, one to an unsecured claim of less than $10,000 and the other to preclude liability of the individual co-debtors.
ABI Membership is required to access the full summary of In re Valencia Flour Mill Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vigil
Jun
19
2006
Ruling
Court denied plan confirmation due to insufficient information but noted that direct payments would have been permissible.
Procedural posture
A chapter 13 trustee objected to the confirmation of a plan that called for the debtors making payments on two debts secured by personal properly directly to the creditors rather than through the trustee.
ABI Membership is required to access the full summary of In re Vigil 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 Lovato
May
08
2006
Ruling
Debtor's case was dismissed since debtor failed to timely submit payment advices under section 521(a)(1)(B)(iv).
Procedural posture
Respondent trustee filed a motion to dismiss petitioner debtor's chapter 7 bankruptcy petition for failure to submit payment advices, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) and (i). By an administrative order entered by the court on October 4, 2005, debtors were directed not to file the payment advices with the court, but to submit them to the chapter 7 trustee no later than 7 days before the date first set for the meeting of creditors.
ABI Membership is required to access the full summary of In re Lovato 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 Victor
May
03
2006
Ruling
Court ruled trustee could liquidate a trailer owned as marital community property subject to debtor's claimed exemption in a one-half interest in the trailer.
Procedural posture
The matter came before the court on the trustee's objection to debtor's third amendment to change chapter 7 claim of exemptions.
ABI Membership is required to access the full summary of In re Victor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Colorado Judicial Department v. Sweeney (In re Sweeney)
Apr
21
2006
Ruling
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
Procedural posture
Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).
ABI Membership is required to access the full summary of Colorado Judicial Department v. Sweeney (In re Sweeney) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 28 U.S.C.
Gregory v. Lyman (In re Gregory Rock House Ranch LLC)
Mar
15
2006
Ruling
Remand was proper since elements of mandatory abstention were met.
Procedural posture
Plaintiff family members and their chapter 11 debtor ranch removed an action pending before the Fifth Judicial District Court, State of New Mexico, County of Dona Ana, against defendant alleged water rights converters and defendant state engineer. The alleged converters filed a motion to remand under 28 U.S.C. § 1452(b).
ABI Membership is required to access the full summary of Gregory v. Lyman (In re Gregory Rock House Ranch LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bryant v. JCOR Mech. Inc. (In re Electron Corp.)
Jan
10
2006
Ruling
Payments were not preferential transfers since the materialman was a secured creditor in that the materialman would have been entitled to perfect a statutory lien had the materialman not been paid in full.
Procedural posture
Defendant materialman appealed an order of the bankruptcy court that avoided as preferential a payment made by debtor within 90 days before debtor filed a proceeding under chapter 11. Plaintiff was the trustee of the debtor's estate.
ABI Membership is required to access the full summary of Bryant v. JCOR Mech. Inc. (In re Electron Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
- 11 U.S.C.
Jimenez v. Wells Fargo Bank N.A. (In re Jimenez)
Dec
21
2005
Ruling
Bank violated an automatic stay by freezing the debtor's accounts after learning of the debtor's filing.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bank, alleging that the bank violated the automatic bankruptcy stay provisions of 11 U.S.C. § 362(a)(3) by freezing the debtor's accounts after learning of her bankruptcy. The debtor and the bank cross-moved for summary judgment.
ABI Membership is required to access the full summary of Jimenez v. Wells Fargo Bank N.A. (In re Jimenez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: