Goldberg v. Rosen (In re Niroomand)
Aug
20
2012
Ruling
Attorneys enjoined from prosecuting action against trustee which had been filed without bankruptcy court permission.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, an attorney and his law firm. The bankruptcy court entered a judgment in favor of defendants, and while the judgment was on appeal, defendants filed an action against the trustee and his counsel in a Florida court. The trustee and his counsel sought an order enjoining defendants from prosecuting the state court action.
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Court
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In re Branam
Aug
10
2012
Ruling
Case dismissed due to secured debt in excess of chapter 13 limits.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and an LLC that obtained a judgment against the debtor in state court filed a motion to dismiss debtor's the case for lack of jurisdiction under 11 U.S.C.S. § 109(e) and lack of good faith. The court held a hearing on the LLC's motion.
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Court
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Trailer Park Acquisition LLC v. Branch Banking & Trust Co. (In re Trailer Park Acquisition LLC)
Jul
25
2012
Ruling
Debtor lacked standing to contest loan modification and forbearance agreement between mortgagee and predecessor non-debtor owner.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendant, the mortgagee of real property the debtor had acquired from a non-debtor third party, seeking to invalidate the mortgage. The only legal issues presented were the enforceability of a forbearance and loan modification agreement and a mortgage modification cross-default cross-collateralization and spreader agreement between the third party and the mortgagee.
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Court
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Trailer Park Acquisition LLC v. Branch Banking & Trust Co. (In re Trailer Park Acquisition LLC)
Jul
25
2012
Ruling
Debtor could not compel bank to satisfy lien against debtor's mobile home from other assets.
Procedural posture
Debtor LLC filed an adversary proceeding against defendants, a national bank and three individuals, claiming, inter alia, that it had the right as a junior hypothetical judgment lien creditor under 11 U.S.C.S. § 544(a), to compel the bank to satisfy a lien it held against a mobile home park the debtor owned from other assets. The bank filed a motion for partial summary judgment on the debtor's claim.
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Court
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In re Sagamore Partners LTD
Jul
10
2012
Ruling
Lender that was not to be paid default rate of interest to which it was entitled could not be treated as unimpaired under plan.
Procedural posture
Secured lender of chapter 11 debtor filed an objection to the disclosure statement filed by the debtor in connection with its plan of reorganization.
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Court
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- 11 U.S.C.
In re Sagamore Partners Ltd.
Jul
06
2012
Ruling
Debtor could not use cash collateral to pay excessive fees of former counsel incurred in adversary proceeding.
Procedural posture
Objector, a secured creditor, objected to an interim fee application made by applicant, former counsel to debtor in connection with certain undertakings including an adversary proceeding. Issues included whether, per 11 U.S.C.S. § 363, debtor was authorized to use cash collateral to pay those fees despite the creditor's objection and whether the fees were, in any event, reasonable under the circumstances per 11 U.S.C.S. § 330.
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Court
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In re A.B.A. Fire Equip. Inc.
Jun
29
2012
Ruling
Debtors' continued postpetition operation of business to draw higher sale price did not justify collateral surcharge.
Procedural posture
Chapter 11 debtors moved for an order, pursuant to 11 U.S.C.S. § 506(c), imposing a surcharge on the collateral of secured creditor bank for the amount of $408,186.98, asserting that the sale of substantially all of the estates' assets resulted in a higher sale price, which benefitted the creditor.
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Court
:
- 11 U.S.C.
In re C&C Dev. Group LLC
May
21
2012
Ruling
Involuntary case dismissed as creditor's claim was subject of numerous bona fide disputes.
Procedural posture
A creditor filed an involuntary bankruptcy petition against a debtor under 11 U.S.C.S. § 303, which filed a motion to dismiss and motion for abstention.
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Court
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In re Alvarez
Apr
24
2012
Ruling
Debtor could not cram down value of entireties property owned with non-debtor spouse.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed to cramdown the value of property he owned as a tenant by the entireties with his non-debtor spouse and to pay a secured debt he owed to a bank national association ("bank") through his chapter 13 plan. The debtor asked the court to determine the value of the property and the status of the bank's lien. The court held a hearing on the debtor's motion.
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Court
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Rosenberg v. DVI Receivables XIV LLC (In re Rosenberg)
Mar
23
2012
Ruling
Involuntary debtor's state law claims against petitioning creditors were preempted by § 303(i).
Procedural posture
Plaintiff putative chapter 7 debtor filed a complaint against defendants, petitioning creditors and banks, for attorney's fees, costs, and damages pursuant to 11 U.S.C.S. §§ 303(i) and 105. In addition, he sought to recover damages based on state law claims of abuse of process and malicious prosecution and state law theories of recovery such as respondeat superior. The petitioning creditors and banks moved to dismiss the complaint.
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Court
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