In re Taylor
Jun
12
2009
Ruling
Reinstatement of stay denied after being lifted pursuant to debtor's default under terms of consent agreement.
Procedural posture
Before the court was the debtor's motion to reinstate the automatic stay as to a mortgage on the debtor's mobile home.
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Court
:
- 11 U.S.C.
In re Moore
Jun
10
2009
Ruling
Law school's withholding of debtor's degree and transcript violated discharge injunction.
Procedural posture
Debtor sought chapter 7 relief listing a total of $ 252,637 in priority and unsecured debt. Debtor received a discharge. Debtor moved for contempt against creditor law school for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2) by refusing to issue him a Juris Doctor degree or transcript for course work he had completed but not paid for.
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Court
:
- 11 U.S.C.
In re Brunos Supermarkets LLC
Apr
27
2009
Ruling
Debtor could not reject collective bargaining agreement where it did not demonstrate that union lacked good cause when it refused to accept rejection proposal.
Procedural posture
Debtor corporation filed a petition under chapter 11 and a motion under 11 U.S.C.S. § 1113, seeking permission to reject collective bargaining agreements (CBAs) it concluded with a union. The union filed an objection to the debtor's motion.
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Court
:
- 11 U.S.C.
Laddin v. Belden (In re Verilink Corp.)
Apr
09
2009
Ruling
Two year statue of limitations for claims against law firm was not tolled prior to trustee's appointment.
Procedural posture
Trustee sued law firm and others, alleging, inter alia, breach of fiduciary duty, malpractice, civil conspiracy, and aiding and abetting breach of fiduciary duty. The law firm moved to dismiss the complaint on the grounds that the claims against it were time-barred by the statutes of repose and limitations and precluded under the doctrine of res judicata.
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Court
:
- 11 U.S.C.
Tokheim v. Georgia-Pacific Gypsum LLC
Mar
31
2009
Ruling
Title VII cause of action not disclosed during debtor's chapter 13 case dismissed.
Procedural posture
Plaintiff former employee filed suit against defendant former employer alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., and the Iowa Civil Rights Act, Iowa Code ch. 216. The employer moved for summary judgment.
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Court
:
- 11 U.S.C.
Premier Self Storage LLC v. Evans (In re Evans)
Mar
27
2009
Ruling
Severance and removal of state action did not violate stay where debtor's two prior cases within one-year period were dismissed.
Procedural posture
After its motion for relief from stay to proceed in state court was denied, plaintiff self storage company sued defendant debtor. After its motion to sever the state action was granted, the company filed a notice of removal. The debtor objected to the notice and moved for a remand. The company moved to extend the time for removal, or, alternatively, for an order that the notice of removal was timely filed. The court held a hearing.
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Court
:
In re Moore
Mar
24
2009
Ruling
Creditor's debit of funds from third-party account on which debtor was signatory did not violate stay.
Procedural posture
A chapter 7 debtor filed an uncontested motion against a creditor for turnover of property and sanctions for a violation of the automatic stay under 11 U.S.C.S. § 362(k).
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Court
:
- 11 U.S.C.
Anglin v. Estes (In re Estes)
Mar
24
2009
Ruling
Debtor had no obligation to schedule judgment against corporation she co-owned.
Procedural posture
Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that judgments they obtained against a corporation were nondischargeable under 11 U.S.C.S. § 523(a)(10) because the debtor failed to list those judgments in a bankruptcy action she filed with her husband in 2002. The creditors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Pluta v. TallyGenicom LP (In re TallyGenicom LP)
Mar
20
2009
Ruling
Stay pending appeal of sale of intellectual property and appropriate amount of adequate protection denied.
Procedural posture
The bankruptcy court approved appellee debtors' sale of certain intellectual property if the purchaser provided adequate protection of appellant's purported ownership interest in certain intellectual property (IP). Appellant challenged the order and filed an emergency motion for stay pending appeal.
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Court
:
- 11 U.S.C.
GMAC Mortg. LLC v. Grady (In re Grady)
Mar
19
2009
Ruling
Undersecured creditor granted relief from stay to enforce deed of trust against debtor's residence.
Procedural posture
Debtor filed for relief under chapter 7. Creditor sought relief from the automatic stay to enforce a deed of trust against the debtor's residence.
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Court
: