- 11 U.S.C.
Segarra-Miranda v. Acosta-Rivera (In re Acosta-Rivera)
Feb
19
2009
Ruling
Bankruptcy court may excuse debtor's compliance with disclosure requirements.
Procedural posture
Appellees, debtors, filed a joint chapter 7 petition. When appellant trustee proposed settlement of the debtors' chose in action, the debtors moved for dismissal under 11 U.S.C.S. § 521(i)(2). The bankruptcy court denied the debtors' motion to dismiss and excused the detailed disclosure by ordering the debtors to do "otherwise" under § 521(a)(1)(B). The United States District Court for the District of Puerto Rico reversed. The trustee appealed.
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Court
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Judge or Jurisdiction information not available
Bishop v. Thomas Gamble (In re Bishop)
Feb
06
2009
Ruling
Non-parties in interest lacked standing to reopen debtor's dismissed bankruptcy.
Procedural posture
After his chapter 11 bankruptcy case was dismissed, debtor filed an action in the Circuit Court of Marshall County, Alabama, alleging that defendants, a construction company, an LLC, and two individuals converted property that belonged to a company the debtor owned. Defendants removed the case to the bankruptcy court and filed a motion to reopen the debtor's bankruptcy case.
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Court
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Bepco LP v. 15375 Mem. Corp. (In re 15375 Mem. Corp.)
Jan
27
2009
Ruling
Bankruptcy court erred in failing to dismiss case for bad faith where debtor sought to avoid litigation and protect assets from liability.
Procedural posture
In consolidated bankruptcy cases, appellant creditor challenged the primary ruling of the Bankruptcy Court for the District of Delaware, which denied a motion to dismiss the debtors' petitions as not filed in good faith. Appellees, the debtors and two related parties, both Cayman Islands corporations, cross-appealed other aspects of the bankruptcy court ruling.
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Court
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Shaw Group Inc. v. SWE&C Liquidating Trust (In re Stone & Webster Inc.)
Nov
13
2008
Ruling
Bankruptcy court properly denied motion by purchaser of debtor's assets to intervene in adversary proceeding based on alleged subrogation rights to creditor's claim.
Procedural posture
Appellant, a buyer of debtors'assets, challenged an order of the bankruptcy court of the District of Delaware denying its motion to intervene under Fed. R. Civ. P. 24(a)(1), (2) and 11 U.S.C.S. § 1109(b) in an adversary the debtors, a company and its subsidiary, filed to contest their liability under the company's guarantee of any award against the subsidiary's joint venture in connection with an oil company contract.
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- 11 U.S.C.
Hackney v. Hackney (In re Hackney)
Oct
10
2008
Ruling
Mortgage obligation to debtor's former spouse was dischargeable in accordance with settlement in debtor's prior bankruptcy.
Procedural posture
Plaintiff former wife and her attorney sued defendant chapter 11 debtor, alleging that two obligations owed by the debtor, which arose out of a divorce proceeding, were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The debtor counterclaimed for breach of contract, fraud, and abusive and outrageous conduct because they failed to abide by a settlement reached in the debtor's previous chapter 11 case. The court held a trial.
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In re Hammonds
Sep
22
2008
Ruling
Confirmation denied as credit counseling received on petition date was not obtained during the 180-day period preceeding the date of the filing of the petition.
Procedural posture
A creditor filed an objection to confirmation on the ground that the debtors were not eligible to be debtors under 11 U.S.C.S. § 109(h). The creditor objected to the debtors' motion to continue confirmation of the chapter 13 plan.
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Court
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Urban Communicators PCS Ltd. Pship v. Gabriel Capital LP
Sep
12
2008
Ruling
Bankruptcy court erred in reducing postpetition interest on unsecured claim.
Procedural posture
Creditor moved to compel payment of cash collateral under 11 U.S.C.S. §§ 362(d) and 363(e). It sought proceeds of a certain Federal Communications Commission (FCC) license sale. Debtors argued the creditor was not secured. The Bankruptcy Court for the Southern District of New York ruled that the creditor was secured. It also determined the appropriate rate of post-petition interest on the creditor's claim. Both sides appealed.
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Court
:
- 11 U.S.C.
Williamson v. Sherlock (In re Sherlock)
Sep
11
2008
Ruling
Bankruptcy court properly declined to apply marshaling doctrine to collect prepetition income tax refund offset by IRS.
Procedural posture
Chapter 7 trustee sought review of a decision of a bankruptcy court, which declined to apply the doctrine of marshaling to collect the pre-petition portion of appellee debtors'income tax refund that was offset by the Internal Revenue Service (IRS).
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Court
:
- 11 U.S.C.
In re Cook
Jan
11
2008
Ruling
Relief from stay not necessary for creditor to take steps to complete perfection of liens.
Procedural posture
A creditor of a chapter 7 debtor filed a motion for relief from the automatic stay, 11 U.S.C. § 362.
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Court
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- 11 U.S.C.
In re Jemison
Sep
06
2007
Ruling
Plan approved but for any provisions calling for estate to retain more property than necessary for plan completion.
Procedural posture
Four chapter 13 cases came before the court for plan confirmation. The court, sua sponte, raised the issue of whether confirmation should be denied because a provision in each plan purported to postpone the re-vesting in the debtor of all property of the estate until the case is dismissed, converted, or closed violated 11 U.S.C. § 1325(a)(1) and (3).
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Court
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