In re Rodgers
May
19
2010
Ruling
Exempt income, including Social Security income, must be taken into account in disposable income calculation.
Procedural posture
A chapter 13 trustee filed an objection to confirmation of the debtors' plan and a motion to dismiss for bad faith pursuant to 11 U.S.C.S. § 1325(a)(3) and (a)(7).
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Court
:
- 11 U.S.C.
In re Potgieter
Apr
14
2010
Ruling
Separate classification of student loan obligations was not discriminatory.
Procedural posture
A chapter 13 trustee filed an unfavorable recommendation concerning the confirmation of debtors' plan where the plan proposed to pay unsecured, nondischargeable student loan creditors directly as a separate class of creditors from other general unsecured creditors when the general unsecured creditors would receive 100 percent distribution under the plan.
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Court
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In re Steffen
Apr
01
2010
Ruling
Voluntary dismissal for cause granted as in best interest of parties.
Procedural posture
The chapter 7 debtor moved for voluntary dismissal of her case for cause pursuant to 11 U.S.C.S. § 707(a).
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Court
:
- 11 U.S.C.
McHale v. Publix Super Mkts. Inc. (In re Luxury Ventures LLC)
Mar
01
2010
Ruling
Final lease payment paid during preference period was made in ordinary course of business and was not avoidable.
Procedural posture
A liquidating trustee of a chapter 11 debtor filed a complaint against defendant transferee to recover a payment made to the transferee within 90 days prior to the debtor filing its petition pursuant to 11 U.S.C.S. § 547. The transferee contended that the transfer was made in the ordinary course of business and was made for contemporaneous consideration. The transferee filed a motion for summary judgment on its affirmative defenses.
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Court
:
In re Dunkin Diamonds Inc.
Dec
15
2009
Ruling
Fees of co-counsel to creditors' committee approved pursuant to agreement with U.S. Trustee.
Procedural posture
Pending were applications for compensation and reimbursement of expenses of an attorney of the law firm which was co-counsel to the Official Committee of Unsecured Creditors, and objections to same by the U.S. Trustee, and debtors' principal. Also considered were interim and prior orders on compensation, together with the UST's amended objection to compensation, and debtors' principal's motion to alter or amend prior orders of compensation.
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Court
:
In re Dunkins Diamonds
Dec
15
2009
Ruling
Financial advisor's fees awarded with reductions for duplication of services and expenses denied.
Procedural posture
Under consideration in this instant final order were the applications for compensation and reimbursement of expenses of the financial advisor for the Official Committee of Unsecured Creditors. Also considered were the court's interim and prior orders on compensation to him, together with the amended objection to compensation filed by the U.S. Trustee, and the motion to alter or amend the prior orders of compensation filed by debtors' principal.
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Court
:
In re Ecoventure Wiggins Pass Ltd.
Sep
18
2009
Ruling
Claims of would-be purchasers of interests in debtor's unfinished condominium complex disallowed to extent secured by real property.
Procedural posture
Debtors filed petitions under chapter 11 of the Bankruptcy Code, and claimants who purchased condominium units or related property from the debtors filed claims against the debtors' bankruptcy estates. One of the debtors asked the court to disallow the claims to the extent they were asserted as claims secured by an interest in real property, or alternatively, to estimate the claims at zero, pursuant to 11 U.S.C.S. § 502(c).
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Court
:
- 11 U.S.C.
In re Ecoventure Wiggins Pass Ltd.
May
13
2009
Ruling
Debtor's assumption of purchase and sale agreements but not closely related accommodation agreements for condominium units, denied.
Procedural posture
This case came before the court for hearing to consider debtor developer's Motion for Summary Judgment on Motion for Order Authorizing Assumption and Sale Pursuant to Contracts for Purchase of Condominium Units. The responding parties were all identified as "buyers" in the "Purchase and Sale Agreements" listed in debtor's motion for summary judgment.
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Court
:
- 11 U.S.C.
Major Sports Fantasy Ltd. v. Dowell (In re Dowell)
Apr
24
2009
Ruling
Judgment for debtor's willful and malicious injury stemming from breach of non-compete agreement was nondischargeable although damages for breach were dischargable.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtors on the ground that because the debtors willfully and maliciously violated a non-competition agreement between the parties, the creditor's claim was non-dischargeable under 11 U.S.C.S. § 523(a)(6). The creditor sought summary judgment.
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Court
:
In re Bicoastal Holding Co.
Mar
11
2009
Ruling
Involuntary petition dismissed as filed in bad faith against shell corporation with no assets.
Procedural posture
Creditor filed an involuntary bankruptcy case against a debtor holding company. The debtor moved to dismiss the involuntary chapter 7 petition as filed in bad faith and for costs, attorneys' fees, damages, and punitive damages.
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Court
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