In re Rowe Furniture Inc.
Mar
04
2008
Ruling
Objection to debtor's sale of assets was sufficient to constitute informal proof of claim.
Procedural posture
Before the court were three motions by a claimant, a distressed debt buyer, to allow a total of thirteen claims it filed after the claims bar date in the aggregate amount of $ 196,589 as amendments of claims that were timely-filed in the related case of debtor's parent holding company. The motion was opposed by the chapter 7 trustee.
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Court
:
Sovereign Bank v. Aime (In re Aime)
Feb
28
2008
Ruling
Stay granted to allow creditor to enforce its security interest in debtor's motor vehicle due to right to adequate protection.
Procedural posture
Movant creditor sought relief from the automatic stay arising under 11 U.S.C.S. § 362(a) to enforce its security interest in a vehicle. Respondent debtor filed a motion to alter or amend a court order conditioning the stay upon her payment of arrears on the loan.
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Court
:
- 11 U.S.C.
In re Ayres-Haley
Jan
16
2008
Ruling
Creditor's amended claim filed five months after bar date, and two months after plan completion and discharge, disallowed as untimely.
Procedural posture
A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. The court approved the debtor's plan and the chapter 13 trustee paid the debtor's creditors. Two months after the trustee filed his report of completion of plan payments, a creditor filed a proof of claim, asserting an unsecured deficiency claim in the amount of $11,579. The trustee filed an objection to the creditor's claim.
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Court
:
- 11 U.S.C.
In re Shea
Jan
07
2008
Ruling
Credit counseling requirement could not be waived despite exigent circumstances absent evidence of efforts, and inability, to obtain,counseling.
Procedural posture
The debtor filed motion for waiver, based on exigent circumstances, of the requirement for prepetition credit counseling.
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Court
:
- 11 U.S.C.
In re Rowe Cos.
Dec
14
2007
Ruling
Debtor-in-possession's objection to proof of claim arising from shipments to subsidiary sustained.
Procedural posture
Debtor in possession ("DIP") objected to three proofs of claim filed by two different creditors (Creditor 1 and Creditor 2). At issue in each objection was whether the claims, which arose from each creditor's shipment of goods to an entity (subsidiary) that was wholly owned by DIP, were properly allowed against the DIP.
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Court
:
- 11 U.S.C.
In re Pamaswamy De Wakar
Dec
07
2007
Ruling
Debtor's spouse and children not entitled to special notices in absence of domestic support obligation.
Procedural posture
A debtor filed a petition under chapter 11, and the United States Trustee ("UST") sought an order requiring the debtor to give his wife and children the special notices required by 11 U.S.C. § 1106(c)(1)(A) and (B).
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Court
:
SunTrust Bank v. Hue Huu Tran (In re Hue Huu Tran)
Nov
27
2007
Ruling
Stay terminated as to security interest in motor vehicle where debtor failed to timely redeem or reaffirm.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a report of no distribution, and after that report was filed, a bank filed a motion for relief from the automatic stay in order to enforce a security interest in an automobile the debtor owned. The debtor claimed that he was not behind in making payments on the debt he owed.
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Court
:
In re WCS Enters.
Nov
20
2007
Ruling
Creditor not entitled to contractual claim for postpetition attorneys'fees.
Procedural posture
A corporate debtor filed a petition under chapter 11, and it objected to a claim that was filed by one of its creditors. The case was converted to one under chapter 7, and the court appointed a trustee to represent the bankruptcy estate. The trustee was substituted as the objecting party.
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Court
:
In re Maggard
Nov
13
2007
Ruling
Mortgagee that had been paid in full could not reopen debtor's case to allow removal of state insurance dispute to bankruptcy court.
Procedural posture
A bankruptcy debtor's case was closed and the debtor brought an action in state court against her former mortgagee, alleging that insurance proceeds received by the mortgagee due to a loss by fire of a residence on the debtor's property was property of the debtor. The mortgagee moved to reopen the debtor's bankruptcy case to allow removal of the case to the bankruptcy court.
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Court
:
In re U.S. Airways Inc.
Oct
31
2007
Ruling
Pilot's unsecured priority claim disallowed as duplicative of claim filed by Pension Benefit Guarantee Corporation in debtor's prior case.
Procedural posture
Debtor airline company filed a petition under chapter 11, and one of the debtor's employees filed an unsecured priority claim in the amount of $1,300,000. The debtor filed an objection to the claim and moved for summary judgment on its objection.
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Court
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