- 11 U.S.C.
In re Vargas Realty Enters.
Jul
23
2009
Ruling
Reargument of finding that four debtor corporations each owned "single asset real estate" denied.
Procedural posture
Debtor corporations filed petitions under chapter 11 and the court ordered joint administration of their bankruptcy estates. In a prior ruling, the court held that each debtor owned property that met the definition of "single asset real estate" under 11 U.S.C.S. § 101(51B). The debtors filed a motion for permission to reargue the court's ruling.
ABI Membership is required to access the full summary of In re Vargas Realty Enters. 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 Dunford
Jul
21
2009
Ruling
Chapter 13 debtor granted extension of time to file forms and schedules.
Procedural posture
Debtor, an individual who became unemployed one month before filing chapter 13, moved per 11 U.S.C.S. § 101(10A)(ii) and 11 U.S.C.S. § 521(a)(1)(B)(ii) for orders waiving the requirement that she file Schedule I within the statutorily-mandated time period, delaying the deadline for filing of Official Bankr. Form 22C, and setting an alternative date for a determination of her current monthly income (CMI). The chapter 13 trustee sought dismissal.
ABI Membership is required to access the full summary of In re Dunford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Red River Energy Inc.
Jun
26
2009
Ruling
Shareholder in defunct LLC appointed as debtor's representative.
Procedural posture
The chapter 7 trustee in the case of debtor, a wholly defunct Delaware limited liability company, asked the court to appoint, as debtor's representative under Fed. R. Bankr. P. 9001(5), two corporate shareholders (SH 1 and SH 2) of debtor. SHs 1 and 2 sought to avoid such appointment, asking the court instead to appoint debtor's former Chief Restructuring Officer (CRO).
ABI Membership is required to access the full summary of In re Red River Energy Inc. 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 LaGrange
May
27
2009
Ruling
Monetary judgment for premarital expenditures of debtor's former spouse was not a domestic support obligation.
Procedural posture
Hearing was held on debtors' amended objection to a claim. The debtor's former spouse filed a claim in the amount of $ 26,796 as a domestic support obligation.
ABI Membership is required to access the full summary of In re LaGrange 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 Siegel
Mar
13
2009
Ruling
Debt that was part of debtor's property settlement with former spouse was not a domestic support obligation and was a general unsecured claim.
Procedural posture
The debtor filed an objection to the $ 50,000 priority claim filed by his former spouse. The issue before the court was whether the claim was for a domestic support obligation as defined in 11 U.S.C.S. § 101(14A), as such was a priority claim that, pursuant to 11 U.S.C.S. § 1322(a)(2) and § 1325(a)(1), had to be paid in full through the debtor's chapter 13 plan.
ABI Membership is required to access the full summary of In re Siegel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
MacMullin v. Poach
Mar
05
2009
Ruling
Special administration of decedent's estate in which debtor had an interest was not a "custodian" of debtor's assets.
Procedural posture
Debtor appealed an order of the bankruptcy court for the District of Arizona that modified the automatic stay to allow proceedings to continue in state probate court. The special administrator for a decedent's estate in which the debtor had an interest filed a proof of claim for fees and costs. The bankruptcy court disallowed the claim without prejudice to his right to pursue the claim in the probate proceeding.
ABI Membership is required to access the full summary of MacMullin v. Poach 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 Casey
Feb
19
2009
Ruling
Claim for past due child support payments, but not penalty, was a nondischargeable domestic support obligation.
Procedural posture
A creditor, the former spouse of the debtor, filed a proof of claim in the amount of $ 120,000, asserting the claim was secured by a writ of attachment on the debtor's property. The debtor objected to the claim. The issues were the amount of the claim and whether the former spouse sustained the burden of establishing the claim as one for a domestic support obligation, under 11 U.S.C.S. § 101(14A).
ABI Membership is required to access the full summary of In re Casey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hutson v. E.I. du Pont de Nemours & Co. (In re National Gas Distribs. LLC)
Feb
11
2009
Ruling
Bankruptcy court erred in holding that "commodity forward agreements" must be traded in a financial market and not involve physical delivery of the commodity.
Procedural posture
Plaintiff trustee commenced adversary proceedings by filing complaints to avoid numerous natural gas supply contracts entered into during the year before a bankruptcy petition was filed. Defendant customers moved to dismiss the complaints or alternatively for summary judgment. The Bankruptcy Court for the Eastern District of North Carolina denied the motions. The customers were granted permission to file an interlocutory appeal.
ABI Membership is required to access the full summary of Hutson v. E.I. du Pont de Nemours & Co. (In re National Gas Distribs. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Gustin v. Miller (In re Miller)
Jan
27
2009
Ruling
Medical expenses owed by debtor to former spouse pursuant to divorce decree were nondischargeable domestic support obligations.
Procedural posture
Plaintiff creditor, a debtor's former wife, filed a complaint against defendant debtor, the former husband, asserting that a certain debt arising out of an agreed entry concerning modification of child support was nondischargeable. Both parties sought summary judgment.
ABI Membership is required to access the full summary of Gustin v. Miller (In re Miller) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Smith v. Pritchett (In re Smith)
Dec
29
2008
Ruling
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
ABI Membership is required to access the full summary of Smith v. Pritchett (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available