Sandoval v. Century Bank (In re Sandoval)
Mar
19
2012
Ruling
Debtor's post-discharge avoidance proceeding dismissed.
Procedural posture
Plaintiff, a chapter 7 debtor, filed a complaint to recover an exempted preferential transfer under 11 U.S.C.S. § 547. Defendant transferee filed a motion to dismiss, contending that the complaint was filed too late.
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Court
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In re Jymison
Mar
05
2012
Ruling
Debtors could not seek revocation of own discharge in order to seek conversion to chapter 13.
Procedural posture
Before the Court was debtor's Emergency Motion to Vacate Discharge. Literally, debtor sought an order vacating her discharge until the court ruled on her motion to convert to chapter 13.
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Court
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In re Brutsche
Feb
16
2012
Ruling
Relief from stay granted to undersecured creditor in single asset real estate case.
Procedural posture
Two primary secured creditors moved for relief from automatic stay pursuant to 11 U.S.C.S. § 362(d); debtor in possession, the owner of high end development real estate, opposed that motion and filed his own motion to use, as cash collateral, funds held by one of the creditors.
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Court
:
- 28 U.S.C.
Phoenix Energy Servs. V. Phoenix Envtl. LLC (In re Phoenix Envtl. LLC)
Jan
31
2012
Ruling
Bankruptcy court abstained from hearing adversary proceeding that was related to bankruptcy but noncore as not arising under or in chapter 11 case.
Procedural posture
After creditor filed state law causes of action against defendant debtor, a writ of replevin was issued as to the debtor's property. Before the state judge ruled on a motion to dismiss the writ, the debtor filed its chapter petition and filed a notice of removal. The creditor filed a motion for remand or abstention.
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Court
:
In re Alanis
Nov
10
2011
Ruling
Judicial lien avoided as impairing debtor's homestead exemption.
Procedural posture
The debtor filed a motion to avoid a transcript-of-judgment lien of a creditor under 11 U.S.C.S. § 522(f) on the ground that it impaired his homestead objection. The court held a trial, at which the creditor represented herself.
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Court
:
- 11 U.S.C.
Dill v. Brad Hall & Assocs. (In re Indian Capitol Distrib.)
Oct
05
2011
Ruling
Payments to vendor for reasonably equivalent value in gasoline delivered postpetition were not avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against defendant vendor seeking to avoid a postpetition transfer under 11 U.S.C.S. § 549 and to recover it for the benefit of the estate under 11 U.S.C.S. § 550. The vendor filed a motion to dismiss for failure to state a claim, which the court treated as a motion for summary judgment.
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Court
:
- 11 U.S.C.
Honeywell v. Holdsworth-Uddoh (In re Holdsworth-Uddoh)
Oct
05
2011
Ruling
State court judgment for conversion of 190 gold coins was nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against defendant debtor to determine the dischargeability of a debt under 11 U.S.C.S. § 523(a)(2)(A), (4), and (6). Both parties filed motions for summary judgment.
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Court
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In re Moberg
Aug
25
2011
Ruling
Bank that did not file a timely proof of claim lacked standing to object to confirmation based on sale of collateral.
Procedural posture
A creditor bank, the holder of one unsecured note and a note secured by personal property, objected to confirmation of the debtors chapter 13 Plan. While the bank had not filed a proof of claim, and the time to file a claim had passed and would have been disallowed, the bank asserted that because it held the notes, it was a party in interest with standing to object to confirmation under 11 U.S.C.S. § 1324(a).
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Court
:
- 11 U.S.C.
Montoya v. Tarin (In re Tarin)
Apr
15
2011
Ruling
Transfer to creditor who accepted for value and in good faith could not be avoided.
Procedural posture
In a core proceeding to determine, avoid, or recover a preference under 28 U.S.C.S. § 157(b)(2)(F), a creditor moved for summary judgment on its 11 U.S.C.S. § 550 affirmative defenses.
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Court
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In re Rottiers
Apr
12
2011
Ruling
Chapter 13 debtors were eligible for relief where claims of two largest creditors were unliquidated.
Procedural posture
Movants, the two largest creditors of the chapter 13 debtors, filed a motion to dismiss the petition based primarily on the assertion that, if either of those creditors' claims were deemed to be non-contingent, liquidated, unsecured, the debtors were ineligible for chapter 13 relief under 11 U.S.C.S. § 109(e). Creditors filed a motion for summary judgment on the motion to dismiss. Debtors did not file a cross-motion for summary judgment.
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Court
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