- 11 U.S.C.
In re Macco Props.
Sep
10
2015
Ruling
Chapter 11 trustee could add supplement to final fee application to cover previously disclosed disbursements.
Issue(s)
Should the bankruptcy court strike chapter 11 trustee's supplement to application for final fees?
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Court
:
In re Surgical Assocs.
Jun
02
2014
Ruling
Settlement enforced where debtor's counsel's purported rejection was ineffective due to failure to present the offer to the debtor.
Issue(s)
Whether chapter 11 debtor's motion to enforce a settlement with a bank concerning a pre- confirmation claim for fees under 11 U.S.C.S. § 506(b) should be granted.
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Court
:
- 11 U.S.C.
Zilm v. Roberts (In re Roberts)
Feb
20
2014
Ruling
State court fraud judgment was insufficient to bind bankruptcy court.
Issue(s)
Whether creditors were entitled to summary judgment on an 11 U.S.C.S. § 523(a)(2)(A) claim on the basis that debtor husband was collaterally estopped by a Texas judgment from litigating his liability for fraud.
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Court
:
- 11 U.S.C.
Brown v. Stuart C. Irby Co. (In re Brown)
Jul
03
2013
Ruling
Late-filed amendment in nondischargeability proceeding alleging fraud dismissed.
Procedural posture
Creditor timely filed a complaint against debtor seeking a declaration that a debt owed to the creditor was excepted from discharge under 11 U.S.C.S. § 523(a)(4). More than five months later, creditor filed an amended complaint in which it asserted that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2), included claims arising under state law. The debtor sought dismissal of the new claims.
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Court
:
- 11 U.S.C.
Kirtley v. Stenzel (In re Rhein)
Jun
10
2013
Ruling
Investment in start-up company in exchange for commission on classic car sale for which contract did not exist was avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant creditor seeking to avoid a security interest held by the creditor in estate property pursuant to 11 U.S.C.S. § 548(a)(1)(B) and seeking turnover of such property. The creditor filed motions for relief from the automatic stay and for an order of abandonment.
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Court
:
In re Latshaw Drilling LLC
Oct
12
2012
Ruling
Creditor's attorneys' fee application granted with reductions for overstaffing, underutiliztion of local counsel and unreasonable rates.
Procedural posture
A creditor filed an application under 11 U.S.C.S. § 506(b) for reimbursement of its out-of-pocket expenses and attorney fees and expenses arising out of mutual obligations under a pre-petition credit agreement with a chapter 11 debtor.
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Court
:
Malloy v. Bump (In re Arrow Trucking Co.)
May
27
2011
Ruling
Fraudulent transfer and breach of fiduciary duty claims against director of debtor were within bankruptcy court jurisdiction.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant director of a bankruptcy debtor alleging that the director received fraudulent transfers from the debtor and breached fiduciary duties to the debtor. The director moved to withdraw the bankruptcy reference, and the bankruptcy court considered its jurisdiction over the trustee's claims.
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Court
:
Williams v. Meyer (In re Williams)
Nov
09
2010
Ruling
Prepetition criminal restitution claim was automatically excepted from discharge.
Procedural posture
Pro se appellant bankruptcy debtor brought an adversary proceeding against appellee creditors alleging that the creditors violated the discharge injunction of 11 U.S.C.S. § 524(a) by causing a criminal prosecution of the debtor to collect a discharged debt through restitution. The debtor appealed the order of the Bankruptcy Court for the District of Colorado which dismissed the complaint for failure to state a claim.
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Court
:
Judge or Jurisdiction information not available
Morris v. Kasparek (In re Kasparek)
Apr
05
2010
Ruling
Bankruptcy court erred in denying sale of debtor's interest in jointly owned property absent express or implied trust.
Procedural posture
A bankruptcy debtor's father purchased real property which was farmed by a sharecropper, and the father titled the property in the names of appellees, the father, the debtor, and the debtor's brother, as joint tenants for estate planning purposes. Appellant bankruptcy trustee appealed the order of the U.S. Bankruptcy Court for the District of Kansas which denied the trustee's complaint to sell the jointly owned property.
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Court
:
Judge or Jurisdiction information not available
Torrington Livestock Cattle Co. v. Berg (In re Berg)
Feb
16
2010
Ruling
Denial of discharge in chapter 11 case reversed due to failure of bankruptcy court to make all necessary findings.
Procedural posture
Plaintiff cattle company filed an adversary proceeding against defendant chapter 11 debtor, seeking a determination, inter alia, that the debtor was not entitled under 11 U.S.C.S. § 1141(d) and 11 U.S.C.S. § 727(a)(2)-(5) and (7) to an order discharging his debts. The bankruptcy court for the District of Wyoming denied the debtor's discharge under 11 U.S.C.S. § 727(a)(3), the debtor appealed.
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Court
:
Judge or Jurisdiction information not available