May
24
2006
In re Underwood
The case came on for hearing on the chapter 7 trustee's objection to debtor's claimed exemptions.
Ruling:
Debtor could only claim federal exemptions since debtor could only claim state exemptions for a state of residence for which debtor had resided two or more years prior to filing.
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May
12
2006
In re Johnson
The court, sua sponte, addressed whether to vacate an order discharging the debtors in bankruptcy, pursuant to 11 U.S.C. § 727(a)(11), for failure to complete a postpetition financial management course.
Ruling:
Court vacated order discharging debtors and directed them to file certificate reflecting they had completed postpetition financial management course.
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Apr
04
2006
In re Univ. Ctr. Hotel Inc.
Creditor bank filed a motion for relief from the automatic stay and for a determination of the extent of the creditor's security interest in certain cash accounts currently maintained by the debtor in possession. The court issued findings of fact and conclusions of law.
Ruling:
Creditor bank was granted relief from the automatic stay and was allowed to recover the cash collateral deposited with creditor since the cash collateral was subject to a lien agreement and did not exceed the cash collateral available on the filing date.
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Mar
17
2006
In re Frazier
A debtor filed a bankruptcy petition after her prior bankruptcy cases were dismissed, and the debtor sought a bankruptcy stay to preclude an impending foreclosure proceeding against the debtor's property. The foreclosing creditor moved for reconsideration of the bankruptcy court's order which granted the debtor's emergency motion to impose the stay.
Ruling:
Foreclosure creditor was denied a motion for reconsideration of an order imposing a stay since the debtor's most recent filing was made in good faith and the creditor had received notice of a hearing on the stay.
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Mar
07
2006
In re Carrasquillo
A debtor filed his bankruptcy petition but did not indicate whether he received prepetition credit counseling as required by 11 U.S.C. § 109(h)(1) or file a certificate of such counseling as required by Interim Bankr. R. 1007(c). The debtor was ordered to file the certificate within five days, and a creditor moved for an extension of the time for the debtor to comply with the order.
Ruling:
Creditor's motion to extend debtor's time to file a certificate of prefiling credit counseling was denied since additional time was not needed to file such a certificate.
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Jan
27
2006
Evans v. Codilis & Stawiarski P.A. (In re Evans)
A pro se bankruptcy debtor's motion for summary judgment in an adversary proceeding was denied, the debtor filed a notice of appeal, and the debtor improperly moved the district court for relief from the order denying summary judgment. The motion for relief from the order was refiled with the bankruptcy court.
Ruling:
Motion was deemed timely filed despite not being properly filed until a day after the deadline since the pro se debtor filed the motion in good faith, though not properly, within the applicable time.
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Jan
27
2006
Evans v. Echevarria & Assocs. P.A. (In re Evans)
A pro se bankruptcy debtor sought disqualification of the bankruptcy judge under 28 U.S.C. § 144 based on an ex parte communication. The debtor moved for reconsideration of the order denying the debtor's motion for disqualification.
Ruling:
Disqualification of the bankruptcy judge was not warranted since the judge had properly complied with applicable disqualification procedures.
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Jan
20
2006
In re Star Broad.
Creditor filed a motion for relief from the automatic stay, 11 U.S.C. § 362, in chapter 11 debtor's case and a motion to dismiss debtor's case under 11 U.S.C. § 1112(b).
Ruling:
Creditor was granted a motion for relief from the automatic stay since the debtor's acting in bad faith by attempting to reject a perceived unprofitable contract warranted such relief.
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Jan
11
2006
In re Buis
Creditor filed a motion to dismiss chapter 13 debtors'case or convert it to a case under chapter 7.
Ruling:
Debtors'chapter 13 case was dismissed on a creditor's motion since the creditor's claim of attorneys'fees incurred in obtaining a judgment against the debtors was a noncontingent, liquidated claim that put the debtors over the unsecured debt limit.
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Nov
23
2005
In re OConner
U.S. Trustee filed a motion to dismiss Chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling:
Debtors did not substantially abuse chapter 7 where they could not fund a plan and had been trying to repay their debts to their detriment.
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