- 11 U.S.C.
In re Crenshaw
Nov
08
2012
Ruling
Relief from stay to pursue state court remedies granted given lack of equity in property that was not necessary for reorganization.
Procedural posture
Creditors filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(2) in order to pursue state law remedies with regard to their lien on the debtor's property.
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Court
:
- 11 U.S.C.
In re Feaster & Sons Oil Distribs. Inc.
Sep
28
2012
Ruling
Balance of claim that creditor agreed to cap at time of sale order disallowed as no longer secured by property of the estate.
Procedural posture
A chapter 7 trustee objected to two claims of a creditor, contending that the claims were filed as secured claims but there was no property of the estate to which a security interest attached.
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Court
:
Bender Shipbuilding & Repair Co. v. Analytical Chemical & Testing Inc. (In re Bender Shipbuilding & Repair Co.)
Sep
13
2012
Ruling
In a preference action, defendant was not entitled to ordinary course of business defense in 11 U.S.C. § 547(c)(2).
Procedural posture
Plaintiff chapter 11 debtor sought recovery pursuant to 11 U.S.C.S. § 547 of certain prepetition transfers from the debtor to defendant, a provider of chemical testing reports. The provider filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Johnson v. Cougar Oil Inc. (In re Johnson)
Sep
07
2012
Ruling
Damages awarded for creditor's seeking criminal prosecution on bad check in violation of discharge injunction.
Procedural posture
Plaintiff, a former chapter 7 debtor who had won a discharge, sought relief against defendant lessor, an oil company, on claims that defendant had violated the automatic stay in 11 U.S.C.S. § 362 and the discharge injunction in 11 U.S.C.S. § 524. Other claims were dismissed before trial, and the issue under § 362 was deemed to have been abandoned. Issues included whether damages were properly awarded under 11 U.S.C.S. § 105.
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Court
:
- 11 U.S.C.
In re Tracy
Jun
27
2012
Ruling
Creditor's collection of excessive fees under reaffirmation agreement, which was quickly corrected, was not grounds for sanctions.
Procedural posture
This matter was before the court on debtor's motion for sanctions or contempt against a creditor.
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Court
:
- 11 U.S.C.
Dunn v. Dunn (In re Dunn)
Jun
07
2012
Ruling
State court judgment based state law against exploitation of the elderly was nondischargeable.
Procedural posture
Plaintiff creditors sought a determination that defendant chapter 7 debtor's obligation to them arising out of a state court judgment was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4) under the doctrine of collateral estoppel. They filed a motion for summary judgment.
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Court
:
In re Vista Bella Inc.
May
29
2012
Ruling
Trustee's application to employ special counsel granted despite counsel's prior representation of debtor and creditors.
Procedural posture
Petitioning creditors filed an involuntary chapter 11 bankruptcy petition against debtor corporation, and the court entered an order of relief and subsequently converted the case to one under chapter 7 of the Bankruptcy Code. The chapter 7 trustee filed a motion under 11 U.S.C.S. § 327, seeking permission to employ an attorney as special counsel for the purpose of filing fraudulent transfer actions against several individuals and a business.
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Court
:
- 11 U.S.C.
In re McBride
May
22
2012
Ruling
Punitive damages for stay violation properly denied.
Procedural posture
Debtors moved for an order requiring creditor to show cause why it was not in violation of the automatic stay under 11 U.S.C.S. § 362 for having repossessed a vehicle leased by one of the debtors. The United States Bankruptcy Court for the Southern District of Alabama found that the creditor violated the stay, and compensatory and punitive damages were awarded to the debtor. The creditor appealed.
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Court
:
Vision Bank v. McDowell (In re McDowell)
May
03
2012
Ruling
Debt was nondischargeable due to debtor's misrepresentations to two different branches of bank.
Procedural posture
Bank filed a complaint against chapter 7 debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The court previously granted the debtor's motion for a directed verdict as to the cause of action under § 523(a)(4) for larceny.
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:
In re Cello Energy LLC
Apr
10
2012
Ruling
Objection to confirmation based on treatment of unsecured claims as part of settlement overruled.
Procedural posture
Debtors, an inventor and his limited liability companies, and the creditors' committee submitted a joint plan of reorganization for confirmation, and one unsecured judgment creditor objected to the confirmation. Several other creditors filed contingent motions to dismiss or convert various adversary proceedings only if the plan was not confirmed.
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Court
: