- 11 U.S.C.
Charter Intl Oil Co. v. Young (In re Charter Intl Oil Co.)
Mar
14
2007
Ruling
Case claiming injuries from exposure to benzene dismissed as claims existed at time of debtor's petition and plaintiffs received sufficient notice as "unknown creditors."
Procedural posture
Plaintiff debtors filed an adversary proceeding against defendants, a husband and a wife, to determine the dischargeability of defendants' claim against the debtors. Defendants had filed a personal injury action against the debtors alleging that they were injured because of exposure to benzene. Defendants filed a counterclaim for sanctions. The parties filed cross motions for summary judgment.
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Court
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Rinehart v. Sharp (In re Sharp)
Jan
22
2007
Ruling
Debtor that earned virtually all income from cattle farming properly ruled an eligible debtor under chapter 12.
Procedural posture
Appellants sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which determined that appellee debtor qualified as a farmer as defined under 11 U.S.C. § 101(20) and that the debtor was therefore exempt from involuntary proceedings.
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- 11 U.S.C.
Shodeen v. Petit (In re Burghoff)
Dec
11
2006
Ruling
Attorneys'representation of creditors prior to being retained by trustee regarding the same alleged fraudulent transfer did not present grounds for disqualification.
Procedural posture
Defendant filed a motion to remove counsel for the chapter 7 trustee as disinterested persons under 11 U.S.C. §§ 327(a) and 101(14)(E).
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Court
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In re Gibson
Nov
27
2006
Ruling
Real estate agent did not qualify as family farmer and chapter 12 peition was dismissed for bad faith.
Procedural posture
Creditor, the seller of certain real property to the chapter 12 debtor, moved the court to terminate the automatic stay on the ground that debtor had commenced the chapter 12 case in bad faith, and that creditor was entitled to complete its foreclosure on the real property.
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Court
:
- 11 U.S.C.
In re Banes
Nov
16
2006
Ruling
Dental practice did not qualify as a "health care business and appointment of health care ombudsman was not required.
Procedural posture
The chapter 7 debtor was a defunct dental practice. It had no active patients. The bankruptcy administrator moved for the appointment of a patient care ombudsman. The administrator's motion sought a determination of whether the dental practice was a "health care business,"as defined by 11 U.S.C. § 101(27A).
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Court
:
- 11 U.S.C.
In re Attorneys at Law & Debt Relief Agencies
Aug
25
2006
Ruling
Trustee lacked standing to contest bankruptcy court's blanket ruling that attorneys are not "debt relief agencies"as defined under BAPCPA.
Procedural posture
Plaintiff, a regional bankruptcy trustee, appealed a standing order issued by a bankruptcy judge that interpreted provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that defined and regulated "debt relief agencies." Intervening interested parties were four attorneys comprising a professional corporation with a significant bankruptcy practice.
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Court
:
- 11 U.S.C.
In re Sanchez
Jul
13
2006
Ruling
Court sustained trustee's motion to deny confirmation since 401(k) disbursements should have been included in calculating monthly income.
Procedural posture
Movant trustee filed a motion to deny confirmation of respondent debtors'chapter 13 plans.
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Court
:
- 11 U.S.C.
In re Mupanduki
Jun
26
2006
Ruling
Court sustained debtor's objection to proof of claim since it was not "domestic support obligation."
Procedural posture
Creditor served as the debtor's domestic relations counsel and filed a claim for legal fees for her representation of the debtor. The creditor argued that her claim was a "domestic support obligation"entitled to priority treatment. The debtor filed an objection to the proof of claim.
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Court
:
- 11 U.S.C.
In re OBrien
Mar
23
2006
Ruling
Court refrained from ruling on the requested relief from an automatic stay pending further hearing on whether the fee awards qualifed as domestic support obligations.
Procedural posture
Movants, the debtor's former wife and the debtor's former counsel, filed separate motions for relief from the stay imposed after the debtor filed for bankruptcy relief. The movants sought relief from the stay, pursuant to 11 U.S.C. § 362(b)(2)(B), to enforce fee awards that had been issued as part of post-divorce litigation in the state family court.
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Court
:
- 11 U.S.C.
In re Ward
Jan
07
2006
Ruling
Social security income excluded from calculation of disposable income.
Procedural posture
The debtor filed for bankruptcy relief under chapter 13 and submitted a proposed plan. The trustee objected to the plan, asserting that the debtor was not going to pay all of her projected disposable income into the plan during the applicable commitment period as required by 11 U.S.C. § 1325(b).
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Court
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