- 11 U.S.C.
Tidewater Fin. Co. v. Williams
May
09
2006
Ruling
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
Procedural posture
Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
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Court
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In re Berry
Apr
14
2006
Ruling
Motion for extension of automatic stay was denied since debtor did not file motion before stay had expired.
Procedural posture
After filing a chapter 13 bankruptcy petition, debtor moved for an extension or continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3).
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Court
:
- 11 U.S.C.
Forklift Liquidating Trust v. Custom Tool & MFG. Co. (In re Forklift LP Corp.)
Mar
31
2006
Ruling
Payments to manufacturer were deemed preferential transfers since the manufacturer failed to show the transfers were made in the ordinary course of business.
Procedural posture
Plaintiff, a chapter 11 bankruptcy debtor's successor in interest, filed an action against defendant, a manufacturer that supplied parts to the debtor, pursuant to 11 U.S.C. § 547 seeking to avoid alleged preferential transfers made to the manufacturer. The court conducted a bench trial and thereafter issued a memorandum containing its findings of fact and conclusions of law as required under Fed. R. Civ. P. 52.
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Court
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Lisenby v. J.A. Cambece Law Office P.C. (In re Lisenby)
Mar
27
2006
Ruling
Debtor was entitled to punitive damages where law firm and collection agency willfully violated automatic stay.
Procedural posture
Plaintiff debtor filed a complaint against defendants, a law firm and a collection agency, for damages for violation of the automatic stay and violation of the Fair Debt Collection Practices Act. The debtor moved for default judgment. The bankruptcy court conducted an evidentiary hearing on the sole issue of damages.
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Court
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Snowden v. Freds Stores of Tenn. Inc.
Mar
10
2006
Ruling
Former employee was not judicially estopped from bringing an FLSA action for simply delaying by four months amending the debtor's chapter 13 bankruptcy schedule to include the potential claim.
Procedural posture
Plaintiff employee filed a notice of consent to become part of a class action to recover unpaid overtime wages brought against defendant employer pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. The employer filed motions for summary judgment as to the employee's claim on the basis of judicial estoppel.
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Court
:
- 11 U.S.C.
In re U.S. Airways Inc.
Mar
06
2006
Ruling
Proof of claim was disallowed in the debtor's second case since the claim was discharged in the debtor's first case.
Procedural posture
A chapter 11 matter was before the court on cross-motions for summary judgment by movant claimant and movant debtor with respect to a $17 million employment discrimination claim by the claimant, who was employed by debtor airline as a pilot from 1984 to 2001. The claimant also moved for sanctions.
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Court
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In re Wright
Feb
28
2006
Ruling
Interest rate on secured claims is calculated by the formula approach not by the contractual interest rate approach.
Procedural posture
Creditor had financed the debtors purchase of a vehicle and took a security interest in that vehicle. The creditor objected to confirmation of the chapter 13 plan proposed by the debtors. At issue was whether, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the plan could modify the contractual interest rate applicable to the creditor's secured claim.
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Court
:
- 11 U.S.C.
In re Gordon
Feb
27
2006
Ruling
Court reduced the fees charged by the debtor's attorney in the attorney's application for supplemental compensation and ordered further hearing as to whether the debtor authorized work on and the filing of a second amended plan.
Procedural posture
The debtor's attorney filed an application for allowance and payment of supplemental compensation.
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Court
:
- 11 U.S.C.
In re Horn
Feb
23
2006
Ruling
Chapter 13 plan was not denied confirmation since Code section 506, instead of a new Code section, applied when a creditor's claim was not a purchase money security interest.
Procedural posture
Movant creditor filed an objection to confirmation of non-movant debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Houston
Feb
23
2006
Ruling
Court deemed that debtor had sufficiently complied with the requirement to provide a copy of the most recent income tax return since the computer-prepared summary of data electronically transmitted to the IRS constituted a copy.
Procedural posture
The bankruptcy court issued an amended notice to show cause in response to the chapter 7 trustee's certification under Interim Bankr. E.D. Va. R. 4002-1 that debtor failed to furnish him with a copy of her income tax return for the most recent tax year preceding the filing of the petition, as required by 11 U.S.C. § 521(e)(2)(A)(i). The trustee also requested copies of the debtor's statements for each of her depository and investment accounts.
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Court
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