- 11 U.S.C.
In re Gerardin
Feb
17
2011
Ruling
Chapter 13 debtors who filed less than four years after chapter 7 discharges were not eligible for discharge and could not strip down junior liens on properties.
Procedural posture
Seven debtors filed Chapter 13 bankruptcy cases soon after they received a discharge in a Chapter 7 case. Each debtor filed a motion which asked the court to determine that junior liens on property they owned were unsecured because the property was worth less than the amount of senior liens that were filed on the property. The court considered all of the motions together.
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Court
:
- 11 U.S.C.
In re Royal West Props.
Dec
29
2010
Ruling
Creditor investors with unperfected security interests in reacquired real estate held unsecured claims.
Procedural posture
Chapter 7 trustee objected to secured claims filed by investors of the debtor's business.
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Court
:
Lennar Corp. v. Briarwood Capital LLC
Apr
30
2010
Ruling
Bankruptcy court abstained from hearing non-core state law action and remanded to state court.
Procedural posture
This proceeding was pending in state court before it was removed after two defendant debtors filed bankruptcy petitions in the Southern District of California. Before the court were plaintiffs' Motion for Remand under 28 U.S.C.S. § 1452(b), , in the alternative, under the abstention doctrine provided under 28 U.S.C.S. § 1334(c), a Motion of two debtors for venue transfer to the U.S. Bankruptcy Court for the Southern District of California.
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Court
:
Alderwoods Group Inc. v. Garcia
Nov
25
2009
Ruling
State court claims based on cemetery operator debtors' failure to locate bodies of plaintiffs' relatives were not discharged due to insufficient notice.
Procedural posture
Plaintiffs, owners and former owners of a cemetery in Miami, Florida (former debtors), sought a declaration that all of the claims asserted by defendant tort claimants in a state court case were discharged in a prior bankruptcy case. The parties filed cross motions for summary judgment.
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Court
:
In re Diaz
Oct
15
2009
Ruling
Motor vehicle repossessed prior to petition date was not subject to turnover.
Procedural posture
Before the court was debtor's Motion to Redeem Repossessed Automobile through chapter 13 Plan and Compel Turnover of Automobile (Motion for Turnover). Respondent creditor filed a response.
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Court
:
- 11 U.S.C.
In re Stern
Jul
23
2009
Ruling
Trustee allowed to cease operation of hotel and provide shortened notice for abandonment of estate property.
Procedural posture
This cause came before the court on upon the Trustee's emergency motion for authority to cease operating a hotel, and an oral motion to shorten the notice period for abandonment of estate property.
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Court
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In re Becquer
Jan
14
2009
Ruling
Court adapted forward looking approach in finding that debtors failed to apply all projected disposable income to pay unsecured creditors.
Procedural posture
An unsecured creditor filed objections to two chapter 13 debtors' proposed plans on the ground that the plans failed to apply all of the debtors' projected disposable income to unsecured creditors. The bankruptcy court consolidated the similar objections and held an evidentiary hearing.
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Court
:
In re Ochon
Jan
06
2009
Ruling
Court agreed to reconsider order deeming debtor's mortgage current due to failure to properly serve mortgage holder with notice of contested hearing.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. A predecessor in interest had filed a proof of claim asserting an arrearage on the debtor's mortgage of $17,602 under a first mortgage. In an earlier order, the court found that the debtor's mortgage payments were current. A creditor, the successor in interest to the mortgage, sought reconsideration of the earlier order.
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Court
:
In re Herrera
Jun
05
2008
Ruling
Attorney required to turn over documents relating to debtor's state court lawsuit.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. The attorney had represented the debtors in a state court lawsuit and claimed that he was owed over $48,000 in legal services. The debtors sought to hold the attorney in contempt for violation of the automatic stay and sought a turnover of documents. The attorney filed a motion for sanctions.
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Court
:
- 11 U.S.C.
In re Beach House Prop. LLC
Apr
08
2008
Ruling
Court set adeqaute assurance payments to creditor utility which could not discontinue service if paid within 30 days.
Procedural posture
Before the court was a power company's (utility's) objection to debtor's motion for order determining adequate assurance of payment for future utility services and order granting debtor's motion.
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Court
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