- 28 U.S.C.
BellSouth Telcoms LLC v. Halo Wireless Inc.
Dec
09
2011
Ruling
Wireless carriers' dispute was properly removed due to one carrier's bankruptcy but remanded due to Public Service Commission's expertise and terms of agreement.
Procedural posture
Defendant filed a motion to transfer the case to the United States Bankruptcy Court for the Eastern District of Texas, where defendant had filed a chapter 11 bankruptcy proceeding and an adversary proceeding. Plaintiff filed a motion to remand.
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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.
Hamel-Schwulst v. Negrotto
Aug
05
2009
Ruling
Magistrate's recommendation that action against individual was subject to stay vacated upon notice of discharge.
Procedural posture
Plaintiff homeowner sued defendant insurer, surety, and other individuals, alleging fraud, misuse of a notary seal, alteration of a security instrument, and violations of the Real Estate Settlement Procedures Act. After one individual filed for bankruptcy, a magistrate judge recommended that the action be stayed as to him. Before an amended recommendation was referred to the district court, the homeowner moved for a stay.
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Court
:
- 11 U.S.C.
Wood v. Green
Aug
04
2008
Ruling
Debtor's misconduct in failing to report breach of contract right of action could not be imputed to trustee.
Procedural posture
Plaintiffs, a chapter 7 debtor and the chapter 7 trustee, filed a motion for summary judgment in their breach of contract action against defendants, two public adjusters, and the one adjuster's company. Defendants filed a motion for summary judgment based on the doctrine of judicial estoppel.
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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.
Eglin Fed. Credit Union v. Horlacher (In re Horlacher)
Mar
07
2008
Ruling
Debt owed to inadvertently omitted creditor held dischargeable on reconsideration.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code but failed to list a credit union as a creditor. The credit union filed an adversary proceeding against the debtors, claiming that a debt the debtors owed was nondischargeable under 11 U.S.C.S. § 523(a)(3)(A), the court found that the debt was nondischargeable. The debtors filed a motion for reconsideration of the court's judgment.
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Court
: