- 11 U.S.C.
Miller Buckfire & Co. LLC v. Citation Corp.
Sep
11
2006
Ruling
Bankruptcy court erred in using lodestar approach to set fees for financial advisor where flat fee contract existed.
Procedural posture
Appellant financial services company appealed a decision of the bankruptcy court that reduced the company's fees for financial advice and investment banking services and denied their request for attorney fees related to appellee debtor's bankruptcy. The debtor filed a cross-appeal the amount awarded to the company.
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Court
:
- FRBP
In re Dudley
Sep
05
2006
Ruling
Properly conducted and noticed sale of debtors'property approved over objection of one of debtors'children.
Procedural posture
A chapter 7 trustee filed a motion seeking to sell, by auction, 40 acres of land owned by two co-debtors. Two of the co-debtors'children filed objections challenging the sale. The trustee held the auction a month before the order granting his motion was issued. One of the children moved to have the sale set aside. The court held a hearing, which was attended by the trustee, the co- debtors, the objecting children, and the property purchasers.
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Court
:
- 11 U.S.C.
Bevelle v. Jefferson County (In re Bevelle)
Aug
25
2006
Ruling
State court condemnation action was an exercise of police or regulatory power and was not subject to stay.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendants, an Alabama city and county, seeking to enjoin the city from vacating an alleyway adjacent to his property and to enjoin the county from using its eminent domain powers to take his property. The debtor moved for issuance of a temporary restraining order ("TRO"). The city filed a motion to dismiss. The county filed motions to abstain and for relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Everett
Aug
08
2006
Ruling
Reopening of no asset case to list dischargeable prepetition debt in schedules was not necessary.
Procedural posture
The debtors filed a motion to reopen their chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 350, to amend the schedules.
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Court
:
- 11 U.S.C.
In re Jones
Aug
04
2006
Ruling
Damages for post-discharge personal injury action were not limited to insurance coverage provided plaintiff could not recover from debtor absent determination of nondischargeability.
Procedural posture
A third party filed a personal injury suit against a chapter 7 debtor in the Circuit Court of Loudoun County (Virginia). The state court asked the court to determine what effect the discharge injunction under 11 U.S.C. § 524(a) had on the personal injury suit. The court reopened the debtor's bankruptcy case and treated the request as a motion for clarification filed by the debtor. It held a hearing and thereafter issued an opinion.
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Court
:
In re Dyson
Jul
28
2006
Ruling
Debtor's motion to avoid lien as preference denied as debtor could not exempt portion of real property equity to which lien attached.
Procedural posture
Debtor, an individual who had filed a chapter 13 bankruptcy, filed a motion to avoid a judgment lien docketed against her real property by a creditor. At issue was whether debtor was entitled to step into the shoes of the trustee and avoid the lien as a preference as permitted by 11 U.S.C. § 547(b).
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Court
:
- 11 U.S.C.
Talley v. Alabama Dept of Public Safety (In re Talley)
Jul
27
2006
Ruling
Suspension of driver's license for failure to pay traffic fines did not violate stay.
Procedural posture
Plaintiff debtor instituted an adversary proceeding alleging that the suspension of his driver's license by defendants, Alabama Department of Public Safety and its director, violated the automatic stay imposed by 11 U.S.C. § 362. Defendants moved to dismiss.
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Court
:
- 11 U.S.C.
Alabama Dept of Human Resources v. Sanders (In re Sanders)
Jul
17
2006
Ruling
BAPCPA did not require domestic support arrerages to be paid in full before other disbursements in a chapter 13 plan.
Procedural posture
Appellant creditor sought review of an order of bankruptcy court, which included the creditor's domestic support arrearages within plan of appellees, two debtors and the debtors'trustee, but overruled the creditor's objection to confirmation of the plan as to whether the order of priorities of 11 U.S.C. § 507 should apply to the plan.
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Court
:
In re Kissal
Jun
29
2006
Ruling
Notice and hearing required prior to determination that stay had terminated with regard to security interest in motor vehicle.
Procedural posture
Creditor filed an ex parte motion for an order confirming that the automatic stay had terminated with respect to the enforcement of its security interest in a motor vehicle owned by the debtor. The issue was whether the court could, in fact, address the motion on an ex parte basis.
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Court
:
In re Dew
Jun
21
2006
Ruling
Trustee's objections to chapter 13 plans, including that plans did not provide for general unsecured creditors, were sustained.
Procedural posture
The chapter 13 trustee filed an objection to confirmation with respect to four proposed plans filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, asserting that either the length of the payments or the amount of the payments under the plan were insufficient under 11 U.S.C. § 1325 and related statutory provisions.
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Court
: