- 11 U.S.C.
Washington v. Williams (In re Washington)
Mar
08
2012
Ruling
Repossession of vehicle did not violate stay absent evidence that creditor acted with knowledge of debtor's bankruptcy filing.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant, both individually and as a "dba" for an auto repair shop, on claims that defendant had violated the automatic stay per 11 U.S.C.S. § 362 by repossessing her car. Issues arose as to whether defendant was improperly named based on defense claims that the entity with which plaintiff had done business was an LLC. Defendant moved for judgment at the close of debtor's case in chief.
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In re Circle City Transp. Inc.
Oct
31
2011
Ruling
Security guard's claim was not barred by "mechanic exception" of the Fair Labor Standards Act or the Motor Carrier Act of 1935.
Procedural posture
The debtor, a common carrier engaged in the interstate trucking of goods, filed an objection to a claim filed by one of its employees. It argued that under the "mechanic exception" of § 13(b)(1) of the Fair Labor Standards Act and § 204 of the Motor Carrier Act of 1935, the employee was not entitled to overtime pay because of his job responsibilities.
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Court
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Brooks v. Prestige Fin. Servs.
Oct
14
2011
Ruling
Consumer protection action against car financer allowed to proceed in interests of creditors.
Procedural posture
Plaintiff Chapter 13 debtor sued defendant car finance company in Maryland state court under the Maryland Consumer Protection Act and state common law. The finance company removed the action to federal district court. The finance company moved to dismiss or, alternatively, to stay. The debtor moved to strike notice of stay.
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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
:
- 11 U.S.C.
Jacobs v. Pitts (In re Pitts)
Sep
01
2011
Ruling
Discharge denied due to numerous false statements.
Procedural posture
Plaintiff bankruptcy administrator filed a complaint seeking a judgment denying defendant Chapter 7 debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) on the grounds that the debtor knowingly and fraudulently, in or in connection with his bankruptcy case, made a false oath or account.
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Court
:
- 11 U.S.C.
Smith v. Golatte (In re Golatte)
Sep
01
2011
Ruling
State court judgment for vehicular injury based on accident for which debtor also was convicted of negligent homicide was not based on malicious conduct.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(6). The complaint alleged that the debtor willfully and maliciously injured the creditor by her operation of a motor vehicle. The debtor filed a motion for summary judgment and also filed a motion to strike portions of the creditor's response to the motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Colonial BancGroup Inc.
Jul
15
2011
Ruling
Law firm that previously represented seven hedge fund creditors did not have a present conflict and could represent debtor.
Procedural posture
Plan trustee for a chapter 11 plan filed a notice of retention of certain professionals to represent the debtor in connection with implementation of the confirmed chapter 11 plan. A creditor filed an objection to the retention of a particular law firm.
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:
- 11 U.S.C.
Frontier Bank v. Davenport (In re Davenport)
Jun
24
2011
Ruling
Loan debt was nondischargeable due to debtor's failure to disclose tax liability or guarantees in periodic financial statements.
Procedural posture
Plaintiff bank sought a judgment that its claim against defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
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Court
:
- 11 U.S.C.
In re Colonial Bancgroup Inc.
May
20
2011
Ruling
Plan did not meet best interests of creditors test due to plan committee's ability to incur expenses of high risk litigation.
Procedural posture
Debtor filed a proposed second amended chapter 11 plan of reorganization. An evidentiary hearing on confirmation of the plan was held. Objections to the plan were filed by the Federal Deposit Insurance Corporation (FDIC), as receiver, a banking and trust company(B&TC), the lead plaintiffs in a consolidated securities class action against debtor, and multiple individual shareholders.
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Court
:
- 11 U.S.C.
In re Ross
Feb
07
2011
Ruling
Case ordered converted or dismissed for abuse due to debtor's request for anticipated future additional housing costs, charitable contributions, vehicle and tuition costs
Procedural posture
Movant, a bankruptcy administrator, sought a dismissal under 11 U.S.C.S. § 707(b)(2) of a debtor's Chapter 7 case, contending that granting relief to the debtor would constitute an abuse of the provisions of Chapter 7.
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Court
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