In re Bryant
Jul
03
2012
Ruling
Case dismissed for bad faith where debtor led lavish lifestyle and filed solely to avoid creditor's judgment.
Procedural posture
Debtor filed a petition under chapter 7, and movant creditor filed a motion to dismiss the debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 707(a), on the grounds that the debtor filed his case in bad faith. The court denied the debtor's motion for summary judgment and held a hearing on the creditor's motion.
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Court
:
- FRBP
In re Garvin
Sep
22
2011
Ruling
Relief from confirmation denied absent fraud.
Procedural posture
Creditor sought rehearing and reconsideration of the court's order approving modification of debtor's second amended chapter 13 plan via a determination that Fed. R. Bankr. P. 9024 allowed relief from a confirmation order for any reason listed in Fed. R. Civ. P. 60(b). Movant ultimately sought relief from the order based on excusable neglect.
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Court
:
In re Prestige Motorcar Gallery Inc.
Sep
13
2011
Ruling
Trustee's assumption and assignment of car dealership lease denied on objection of the lessor, debtor's sole shareholder.
Procedural posture
The trustee for a Chapter 11 debtor filed a motion for approval of the assumption and assignment of an unexpired lease pursuant to 11 U.S.C.S. § 365(a). The debtor's sole shareholder objected, suggesting that the trustee did not have the legal right to assume and assign the lease.
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Court
:
- 11 U.S.C.
In re Cook
Aug
08
2011
Ruling
Postpetition earnings that were really dividends were property of the estate.
Procedural posture
A chapter 7 trustee filed a motion for turnover of property of the estate, and a creditor filed a motion to prohibit use of cash collateral. The trustee argued that the debtor husband's post-petition earnings were actually dividends or distributions from non-exempt ownership interests in several corporations and thus, constituted property of the estate under 11 U.S.C.S. § 541(a)(6). The debtors contended that the monies were wages.
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Court
:
- 11 U.S.C.
In re Davis Heritage GP Holdings LLC
Jan
03
2011
Ruling
Case dismissed due to debtor's inability to reorganize and plan that could not be confirmed as not in best interests of creditors or not proposed in good faith.
Procedural posture
Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code, and a creditor filed a motion for relief from the automatic stay, a motion to dismiss the debtor's case or for appointment of an examiner, and a motion for abstention. The court held a hearing on the creditor's motion.
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Court
:
- 11 U.S.C.
In re Shores of Panama Inc.
May
20
2008
Ruling
Relief from stay granted to allow arbitration of condominium project dispute.
Procedural posture
A general contractor (creditor) moved for relief from stay and to compel arbitration so that the parties might continue a pre-petition arbitration against debtor, a developer which had hired the creditor to build a condominium project. The creditor also sought to proceed against an irrevocable letter of credit that had been issued by a bank. At issue was whether there was cause to lift the automatic stay within the meaning of 11 U.S.C.S. § 362.
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Court
:
In re Curcio
Apr
22
2008
Ruling
Funds deposited in joint account for sole benefit of debtor's companion were not income so that debtor fell below mean income.
Procedural posture
The moving parties, creditors of the debtor who held a personal injury claim against the debtor after a car accident, filed a motion to dismiss the case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), asserting that a $14,000 check deposited in an account jointly titled with the debtor should have been included in the debtor's current monthly income (CMI) calculation.
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Court
:
- 11 U.S.C.
Venn v. Reinhard (In re Reinhard)
Oct
16
2007
Ruling
Transfer of homestead interest from one property to another in the same state did not trigger limit.
Procedural posture
Plaintiff trustee filed an action against defendants, a debtor and his spouse, alleging that the debtor's exemption in his homestead real property was limited to $125,000, pursuant to 11 U.S.C. § 522(p), after the debtor claimed a homestead exemption under Fla. Const. art. X, § 4(c). The debtor filed a motion for partial summary judgment.
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Court
:
In re Welsh
Jun
27
2007
Ruling
Relief from credit counseling requirement denied absent exigent circumstances or inability to obtain counseling within five days of filing.
Procedural posture
Chapter 13 debtor filed a motion to set aside the requirements of 11 U.S.C. § 109(h) to obtain budget and credit counseling.
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Court
:
- 11 U.S.C.
Dees v. United States (In re Dees)
May
31
2007
Ruling
Court abstained from determination of dischargeability of debtor's tax liability in no-asset case.
Procedural posture
Defendant Government filed a motion for the court to abstain pursuant to 11 U.S.C. § 505(a)(1) in an adversary proceeding to determine the dischargeability of plaintiff debtors'potential tax liability under 11 U.S.C. §§ 523(a)(1) and 507(a)(8).
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Court
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