- 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
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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
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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
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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 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
:
- 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
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