- 11 U.S.C.
In re Gentry
Dec
19
2011
Ruling
Confirmation denied due to failure to include unemployment compensation in current monthly income calculation.
Procedural posture
The chapter 13 trustee objected to the debtors' proposed plan. The parties disputed whether the debtors, a married couple, had to include unemployment compensation in their calculation of "current monthly income" (CMI) on Form 22C.
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Court
:
- 11 U.S.C.
In re Voliva
Dec
16
2011
Ruling
Exemption allowed in mobile home that met Bankruptcy Code definition of residence.
Procedural posture
In a chapter 13 case, creditors objected to the debtors' claim of real property as exempt under N.C. Gen. Stat. § 1C-1601(a)(1) (2010).
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Court
:
- 11 U.S.C.
In re Iowa Hotel Investors LLC
Dec
02
2011
Ruling
Case of debtor who operated two hotels was not a single asset real estate case.
Procedural posture
In a chapter 11 case, a creditor filed a motion to designate the proceedings as a single-asset real estate case under 11 U.S.C.S. §§ 101(51B) and 362(d)(3).
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In re LLC Am. LLC
Sep
08
2011
Ruling
Consolidation of debtor and non-debtor estates granted in best interests of creditors.
Procedural posture
Chapter 11 trustee filed a nunc pro tunc motion for substantive consolidation of the debtor and non-debtor estates.
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Court
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In re Beaudet
Apr
13
2011
Ruling
Escrow shortage was a prepetition claim that could not be included in future mortgage payments.
Procedural posture
A debtor filed an objection to a creditor's amended proof of claim. A Chapter 13 trustee filed a motion to modify the debtor's ongoing mortgage payments to the creditor. The debtor objected to the trustee's motion because the revised ongoing payments included pre-petition escrow arrearages. At the hearing, the trustee stated his support for the debtor's position that pre-petition escrow shortages should not be included in ongoing future mortgage.
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Court
:
- 11 U.S.C.
Alpha Protective Servs., In re--Gordon v. Rogich
Mar
11
2011
Ruling
Trustee has shown that defendant was a statutory insider due to his status as a director at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
:
- 11 U.S.C.
Alpha Protective Servs., In re--Gordon v. Hackenberry
Feb
11
2011
Ruling
Trustee entitled to summary judgment after court found that the defendant was an insider at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
:
- 11 U.S.C.
In re Lupo
Feb
03
2011
Ruling
Interested creditor could not served as trustee even if disputed election were resolved in her favor.
Procedural posture
Numerous matters were before the court. Among them were the motion of an individual (who claimed she had been elected chapter 7 trustee) to retain counsel, her emergency motion to remove the trustee, and her emergency motion to vacate the U.S. Trustee's confirmation of a certain attorney and additional prayers.
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Court
:
- 11 U.S.C.
In re Display Group Inc.
Nov
16
2010
Ruling
Debtor designated as small business debtor with all applicable deadlines deemed to take effect as of petition date.
Procedural posture
The United States Trustee (UST) filed a motion pursuant to Fed. R. Bankr. P. 1020(b) requesting a determination that a chapter 11 debtor was a small business debtor as defined under 11 U.S.C.S. § 101(51D) and objecting to the debtor's failure to designate this case as a small business case under § 101(51C).
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Court
:
- 11 U.S.C.
In re Cruz
Oct
07
2010
Ruling
Auxiliary Social Security benefits received by debtors' children and used for education were excluded from the estate and not a basis to prevent confirmation.
Procedural posture
This case was before the court upon the Chapter 13 Trustee's motion objecting to the confirmation of debtors' Chapter 13 plan based upon the allegedly excessive educational expenses for debtors' two children.
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Court
: