In re Rucker Furniture Gallery Inc.
Oct
11
2006
Ruling
Debtor's attorneys'fees approved despite failure to disclose prior representation of creditor.
Procedural posture
A law firm filed an application for compensation and reimbursement of expenses for legal services provided to the debtor in connection with a chapter 11 case. The bankruptcy administrator filed a response to the request, contending that the fee application should have been denied in toto because of the law firm's failure to disclose that it had previously represented a creditor.
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Court
:
- 11 U.S.C.
In re Gilbert
Oct
06
2006
Ruling
Confirmation denied due to failure to satisfy best interests of creditors test.
Procedural posture
An unsecured creditor filed an objection to confirmation of a chapter 13 plan, contending that the debtor's plan, which provided for the sale of a mobile home and land and payment of any net equity from the sale to unsecured creditors, failed to satisfy the best interest of creditors test set forth in 11 U.S.C. § 1325(a)(4), The court held an evidentiary hearing.
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Court
:
- 28 U.S.C.
Shortsleeve v. Centurytel of Ala. LLC (In re Shortsleeve)
Sep
06
2006
Ruling
Debtor's cause of action under Fair Debt Collection Practices Act was not related to bankruptcy.
Procedural posture
Plaintiff debtor sued defendants, a creditor and a debt collector, asserting claims for alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and under 11 U.S.C. § 524 for violation of the discharge injunction. Defendants moved to dismiss the FDCPA claims per Fed. R. Civ. P. 12(b)(1) for lack of jurisdiction and to dismiss the 11 U.S.C. § 524 claims per Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
In re Love
Aug
30
2006
Ruling
Confirmation denied where plan included deductions for payments on secured debt which would be avoided by surrender of collateral.
Procedural posture
A chapter 13 case came before the court for a hearing on confirmation of the debtors'plan. The chapter 13 trustee objected to confirmation, contending that the plan failed to pay all of the debtors'projected disposable income.
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Court
:
- 11 U.S.C.
In re Mims
Aug
24
2006
Ruling
Confirmation denied and case dismissed where plan failed best interest of creditors test.
Procedural posture
Trustee filed an objection to confirmation of debtors'plan and asserted that debtors, a husband and wife, did not meet the best interest of creditors test set forth in 11 U.S.C. § 1325(a)(4). The objection came on for hearing after which the parties submitted briefs on the issues of law raised by the objection.
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Court
:
In re Custom Servs. Intl Inc.
Aug
17
2006
Ruling
Fee application denied due to attorney's undisclosed conflict of interest and application of second attorney reduced for excessive time.
Procedural posture
Two attorneys for a bankruptcy debtor applied for attorney fees and expenses. The chapter 7 trustee objected to the applications.
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Court
:
In re Robinson Foundry Inc.
Aug
16
2006
Ruling
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
Procedural posture
Debtor filed a voluntary chapter 11 bankruptcy petition. After the deadline for filing a proof of claim had passed, a creditor moved to file an untimely proof of claim pursuant to Fed. R. Bankr. P. 3003(c)(3) and 9006(b)(1). The court held a hearing on the motion.
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Court
:
In re Morgan
Aug
09
2006
Ruling
Prepetition foreclosure sale terminated debtor's rights in property even though deed was filed postpetition.
Procedural posture
A creditor filed a motion for relief from the automatic stay to permit it to proceed with ejectment proceedings against a chapter 13 debtor.
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Court
:
In re Piknik Prods. Co.
Aug
09
2006
Ruling
Debtor's attorneys fees could be paid from cash earned in operation of debtor's business within budget approved by creditor on pro rate basis with other administrative claimants.
Procedural posture
The attorneys for a bankruptcy debtor applied for approval of compensation and reimbursement of expenses. The committee of unsecured creditors objected to payment of any fee that would have resulted in priority above other administrative expenses.
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Court
:
- 11 U.S.C.
In re Everett
Aug
08
2006
Ruling
Reopening of no asset case to list dischargeable prepetition debt in schedules was not necessary.
Procedural posture
The debtors filed a motion to reopen their chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 350, to amend the schedules.
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Court
: