Young v. Lockhart Morris & Montgomery (In re Young)
Jun
02
2008
Ruling
Debtor awarded damages for creditor's for violation of stay.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for a violation of the automatic stay under 11 U.S.C.S. § 362. The court held a hearing on the damages that the debtor should be able to recover from the violations and the court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re T&B Mortg. Corp.
May
27
2008
Ruling
Attorneys' fees in fraudulent conveyance action recoverable as administrative expense claim only to the extent incurred postpetition.
Procedural posture
The moving creditor sought the allowance and payment, as a chapter 7 administrative expense, of attorney's fees and expenses in the amount of $ 9,084.53 it incurred in pursuing a pre-petition fraudulent conveyance action that was subsequently removed to federal court, pursuant to 11 U.S.C.S. § 503(b)(3) and (4).
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Court
:
- 11 U.S.C.
Canfield v. Stephenson (In re Stephenson)
May
13
2008
Ruling
Portion of judgment for withholding tax liabilities in favor oF creditor that retook control of company it originally sold to debtor was nondischargeable.
Procedural posture
Plaintiff, a pro se litigant, filed an adversary proceeding to determine that a state court judgment (Judgment) won by his wholly-owned company on account of certain delinquent taxes, penalties, and interest paid by the company to state and federal taxing authorities was nondischargeable under 11 U.S.C.S. § 523(a)(1). Also interested in the matter was debtor, an individual who had filed a chapter 7.
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Court
:
In re Rowe Furniture Inc.
May
08
2008
Ruling
Timely claim wrongly filed in case of debtor's parent could not be allowed in debtor's case where bar date had passed.
Procedural posture
A creditor filed proofs of claim in the bankruptcy case of a bankruptcy debtor's parent company, and the claims bar date in the debtor's case passed before the parent company successfully objected to the creditor's claims on the ground that the claims were filed in the wrong case. The creditor moved to allow the claims as amendments to the timely filed claims in the parent company's case, or as deemed filed in the debtor's case.
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Court
:
- 11 U.S.C.
In re Mascoll
Apr
24
2008
Ruling
Confirmation denied where plan did not specify payments and was filed primarily to forestall foreclosure sale.
Procedural posture
Chapter 13 trustee and two of the debtor's secured creditors objected to confirmation of the debtor's plan on the grounds that it failed to meet the requirements of confirmation set forth in 11 U.S.C.S. § 1325.
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Court
:
In re Bennett
Apr
23
2008
Ruling
Plan confirmed over objection of judgment creditor against which debtor had filed avoidance proceeding.
Procedural posture
Debtor filed a voluntary petition under chapter 11 of the Bankruptcy Code, and an amended reorganization plan. A creditor filed an objection to the debtor's plan.
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Court
:
- 11 U.S.C.
In re Parulan
Apr
22
2008
Ruling
Loss of overtime did not constitute a special circumstance that would warrant an adjustmet to debtor's disposable income.
Procedural posture
A trustee in a bankruptcy case objected to confirmation of the bankruptcy debtor's plan on the ground that the plan failed to apply all of the debtor's projected disposable income to payment of unsecured claims. The debtor asserted that special circumstances based on loss of overtime work warranted an adjustment to disposable income under 11 U.S.C.S. § 707(b)(2)(B).
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Court
:
- 11 U.S.C.
In re Houston
Apr
11
2008
Ruling
Deferment of credit counseling requirement denied where debtor failed to establish inability to obtain counseling within five days of request.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted with her petition a certificate of exigent circumstances in support of her request for deferment of the credit counseling requirement.
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Court
:
In re U.S. Airways Inc.
Mar
27
2008
Ruling
Creditor's claim for benefits pursuant to prepetition settlement was discharged upon plan confirmation.
Procedural posture
Before the court were cross-motions for summary judgment on the objection of the reorganized debtors to Claim No. 3498 filed by a claimant for retiree benefits.
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Court
:
In re Palacios
Mar
13
2008
Ruling
Deferment of credit counseling requirement denied as debtor had not contacted approved agency to follow waiver procedure.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor entered a certificate of exigent circumstances for deferment of the credit counseling requirement imposed by 11 U.S.C.S. § 109(h) because the debtor claimed he lacked income to pay for the classes.
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Court
: