- 11 U.S.C.
Walton v. Countrywide Home Loans Inc. (In re Sanchez)
Oct
02
2008
Ruling
United States Trustee could not pursue sanctions against lender on behalf of public in adversary proceeding where debtors had withdrawn their own motion.
Procedural posture
Defendant creditor filed a motion to dismiss plaintiff United States Trustee's (UST) adversary proceeding, seeking monetary sanctions pursuant to 11 U.S.C.S. § 105 and injunctive relief against the lender for allegedly engaging in bad faith conduct which abused the judicial process in connection with the chapter 13 bankruptcy case of two debtors.
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Court
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- 11 U.S.C.
In re Premium Sales Corp.
Sep
09
2008
Ruling
Court denied motion to distribute unclaimed earmarked funds to judgment creditors of debtor's shareholders who had perpetuated fraud.
Procedural posture
The United States Trustee objected to the applicants' motion for the release of unclaimed funds, pursuant to 11 U.S.C.S. §§ 347 and 1143, in a chapter 11 bankruptcy case.
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Court
:
- FRBP
In re Vernell
Aug
27
2008
Ruling
Debtor's former counsel entitled to have order allowing fees reduced to final judgment
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code, on an emergency basis, through a petition filed by their former counsel. Some five months later, counsel withdrew as the attorney of record and filed an application for compensation. An agreed order allowing fees was entered, and counsel filed a motion to reduce the agreed order to a final judgment.
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Court
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In re Weiser
Jul
31
2008
Ruling
Debtors with unsecured debt in excess of limits were ineligible under chapter 13.
Procedural posture
Objections to confirmation on various grounds including lack of eligibility for chapter 13 relief under 11 U.S.C.S. § 109(e) and lack of good faith under 11 U.S.C.S. § 1325(a)(3) were asserted by plaintiffs, three lenders, all of which claimed that debtors were not entitled to relief. At issue was whether debtors' participation in challenged loan transactions provided grounds for denial of relief under chapter 13.
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Court
:
- 11 U.S.C.
Island Place Apts. LLC v. First How View Corp. (In re Greater Miami Neighborhoods Inc.)
Jun
16
2008
Ruling
Duly conducted foreclosure sale to good faith purchaser could not be avoided.
Procedural posture
Plaintiff, an apartment complex owned by a debtor, filed an adversary proceeding against defendants, a successful bidder and a third party purchaser, to avoid transfer of plaintiff's property pursuant to a foreclosure sale and to recover the property pursuant to 11 U.S.C.S. § 550. The bidder and the purchaser filed a motion to dismiss, which was treated as a motion for summary judgment.
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Court
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In re Perez
Jun
05
2008
Ruling
Lien that attached to property simultaneously with homestead right was avoidable.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. In March 1999, a judgment creditor obtained a final judgment against the debtor in state court. The debtor filed a motion to avoid a judgment lien asserted on the property by the judgment creditor, pursuant to 11 U.S.C.S. § 522(f).
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Court
:
In re Ocean Blue Leasehold Prop. LLC v. Croley (In re Ocean Blue Leasehold Prop LLC)
Mar
07
2008
Ruling
Sale of property owned by debtors as tenants-in-common with co-owner of 1/30 interest authorized with payment to co-owner.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendants, who were co-owners of the subject real property as tenants in common, seeking the entry of a final judgment authorizing the debtor to sell both the estate's interest and co-owners' interests in the property pursuant to 11 U.S.C.S. § 363(h). The co-owners, who each owned a 1/30 interest in the office building property, opposed the sale of their interests.
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Court
:
- 11 U.S.C.
In re Peralta Food Corp.
Jan
18
2008
Ruling
Settlement agreement was not an executory contract and not subject to rejection.
Procedural posture
The debtor moved to reject a settlement agreement it had entered into with the creditor, a former employee of the debtor, as an executory contract. The sole issue was whether the settlement agreement could be construed as an executory contract that was subject to rejection by the debtor pursuant to 11 U.S.C. § 365.
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Court
:
- 11 U.S.C.
In re Morgan
Aug
08
2007
Ruling
Above-median debtor could take mortgage-rent expense on Form B22C despite being rent- free.
Procedural posture
After debtor deducted the "Local Standard" amount established by the IRS on account of mortgage/rent expense and referenced in 11 U.S.C. § 707(b)(2)(A)(ii)(I), the trustee objected to confirmation on the ground that no deduction was properly taken because debtor was living rent-free. At issue was the proper reading of section 707 as enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
:
- 11 U.S.C.
In re Pan Am Hosp. Corp.
Jul
17
2007
Ruling
Debtor's advisors allowed transaction fee regardless of timing of sale of assets.
Procedural posture
A debtor filed for relief under chapter 11. Advisors for the debtor filed an application for final fees. An official committee of unsecured creditors filed an objection to the final fee application of the advisor.
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Court
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