- FRBP
McCabe v. Hermes (In re Hermes)
Feb
23
2010
Ruling
Debtor sanctioned for filing frivolous motion and making false representations to court.
Procedural posture
Creditors filed a motion seeking sanctions under Fed. R. Bankr. P. 9011(c) against defendant chapter 7 debtor. As a sanction, the creditors sought the balance of their attorney fees incurred in defending the debtor's attempt to set aside a default judgment.
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Court
:
- 11 U.S.C.
United States Trustee v. Brown (In re Martin)
Feb
08
2010
Ruling
Bankruptcy petition preparer enjoined from providing services due to numerous violations.
Procedural posture
United States Trustee brought an adversary proceeding against defendant bankruptcy petition preparer (BPP) alleging that the BPP violated duties under 11 U.S.C.S. § 110 in numerous bankruptcy cases, including the unauthorized practice of law.
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Court
:
- 11 U.S.C.
Sandia Lab. Fed. Credit Union v. Torrez (In re Torrez)
Oct
14
2009
Ruling
Missed payments before petition date did not create a further extension of credit that would render debt nondischargeable.
Procedural posture
This matter was before the court on defendant debtors' Motion for Judgment on the Pleadings, governed by Fed. R. Civ. P. 12(c), in plaintiff creditor's adversary complaint to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2).
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Court
:
- 11 U.S.C.
JTSSimms LLC v. Simms Bldg. Inc. (In re JTSSimms LLC)
Oct
14
2009
Ruling
Stay violation proceeding dismissed absent evidence.
Procedural posture
Plaintiff debtor, a New Mexico limited liability company, filed an adversary proceeding against defendant, a New Mexico corporation that sold a building to the debtor, claiming that the corporation violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy.
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Court
:
In re Ruel
Oct
14
2009
Ruling
Chapter 7 case ordered converted to chapter 13 or dismissed for abuse where debtors' income was stable and expenses could be reduced to allow funding of plan.
Procedural posture
This matter came before the court for trial on the merits of the United States Trustee's (UST) Motion to Dismiss or Convert Pursuant to 11 U.S.C.S. § 707(b)(3), debtors' Objection thereto.
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Court
:
- 11 U.S.C.
In re Nevels
Oct
09
2009
Ruling
Trustee's final account approved over objection of debtor's former counsel.
Procedural posture
This matter came before the court on the Standing chapter 13 Trustee's Final Account of Trustee and Petition for Final Decree, and the Objection to chapter 13 Trustee's Final Accounting filed by debtor's former counsel (Counsel).
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Court
:
- 11 U.S.C.
Schultz v. Homans (In re Scultz)
Oct
08
2009
Ruling
Proceeding against state taxing authorities dismissed as moot where proofs of claim and objection to plan confirmation were withdrawn.
Procedural posture
Chapter 13 debtor's complaint described itself as an action brought by debtor for contempt of court, and for injunctive and declaratory relief. Defendants were the Secretary of the New Mexico Taxation and Revenue, and the State of New Mexico Taxation and Revenue Department. Defendants moved to dismiss. Debtor sought fees and costs.
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Court
:
In re Mendez
Aug
27
2009
Ruling
Debtors were not entitled to award of attorneys' fees under Equal Access to Justice Act where U.S. Trustee's motion to dismiss for abuse was justified when filed but withdrawn after one debtor lost his job.
Procedural posture
Debtors filed a petition under Chapter 7 of the Bankruptcy Code, and the U.S. Trustee (UST) filed a motion to dismiss the debtor's case under 11 U.S.C.S. § 707(b), claiming that the debtors had the ability to pay part of the unsecured debts they owed. The UST withdrew his motion, and the debtors asked for an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.S. § 2412(d). The UST moved for summary judgment.
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Court
:
- 11 U.S.C.
Bloom v. Reynolds (In re Wilson)
Aug
21
2009
Ruling
Motion to dismiss avoidance proceeding where third party against whom claim had been abandoned was not a necessary party.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferees of funds from a bankruptcy debtor, alleging that the transfers of funds were fraudulent or preferential. The transferees moved to dismiss the complaint for lack of subject matter jurisdiction and for failure to join a necessary party.
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Court
:
- 11 U.S.C.
Chase Manhattan Bank v. Rollings (In re Rollings)
Feb
12
2009
Ruling
Credit card cash advance used to pay taxes where debtor later received refund was dischargeable.
Procedural posture
Plaintiff creditor filed a Fed. R. Civ. P. 56 motion for summary judgment in an adversary proceeding, which sought a determination that defendant debtor's payment of federal income taxes from a cash advance and the cash advance debt were nondischargeable under 11 U.S.C.S. § 523(a)(14).
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Court
: