- 11 U.S.C.
In re Perez
Feb
27
2009
Ruling
Creditor granted relief from stay for sole purpose of enforcing foreclosure judgment against real property.
Procedural posture
The movant, a secured creditor and the holder of a foreclosure judgment as to the mortgage against the debtor's condominium real property, moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362. The creditor sought an award of attorneys' fees and costs incurred in filing the motion, although it was not an oversecured creditor.
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Court
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In re Driscoll
Feb
27
2009
Ruling
Addendum to executory lease was not severable and was subject to rejection.
Procedural posture
Objector tenant, which had occupied a building owned by debtor landlord under a 1998 lease, filed a limited objection to debtor's motion to authorize sale of the building free of liens and encumbrances. At issue was whether the real property lease under which the tenant had occupied the building was properly severed into two contracts, for purposes of 11 U.S.C.S. § 365 with one being accepted and the other rejected by debtor's bankruptcy estate.
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Court
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In re Apodaca
Jan
30
2009
Ruling
Debtor's attorney awarded fees per retainer agreement as well as additional compensation for further services.
Procedural posture
Debtor's counsel filed an application for compensation for professional services or reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re Whitehead
Jan
26
2009
Ruling
Pre-preference period lis pendens effected a valid transfer of interest in property.
Procedural posture
Creditor filed a motion for relief from the automatic stay. The only substantive legal question was whether an interest of the debtor in certain real property was transferred on the date of recordation of the creditor's notices of lis pendens or on the date of recordation of a judgment lien certificate, inasmuch as the latter event occurred within the preferential look-back period.
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Court
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In re Letterese
Dec
02
2008
Ruling
Bad faith debtor not entitled to voluntary dismissal of chapter 13 case.
Procedural posture
After debtor filed a notice of voluntary dismissal of his chapter 13 case, several creditors filed motions to convert the case to a chapter 7. At issue was whether 11 U.S.C.S. § 1307(b) endowed debtor with an absolute right to dismiss regardless of whether allegations of bad faith conduct were pending against debtor.
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Court
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In re Patriot Aviation Servs.
Nov
18
2008
Ruling
Alternative transaction fee due on aborted securities transaction was only subject to subordination to secured claims.
Procedural posture
The official committee of unsecured creditors for a chapter 11 debtor filed a motion for partial summary judgment on its objection to a claim of an aborted securities purchaser. The committee sought to subordinate the claim to the claims of general unsecured creditors pursuant to 11 U.S.C.S. § 510(b).
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Court
:
Advantage One Mortg. Corp. v. SCP-Capri MG Owner LLC (In re Advantage One Mortg. Corp.)
Nov
04
2008
Ruling
Lien created by service of a writ of garnishment was a judicial lien and subject to avoidance.
Procedural posture
Debtor filed an action against defendant creditor seeking the release of garnished funds claiming the service of a writ of garnishment created a judicial lien subject to avoidance pursuant to 11 U.S.C.S. § 547. The issue was whether the lien created by service of a writ of garnishment constituted a "judicial lien" or a "statutory lien."The debtor moved for summary judgment.
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Court
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In re Haque
Oct
28
2008
Ruling
Creditor and law firm sanctioned for filing false affidavits in 45 cases claiming penalty interest on debtors' loans.
Procedural posture
Movant creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, to permit the creditor to continue its pending mortgage foreclosure action in state court against respondent debtor's real property.
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Court
:
- 11 U.S.C.
In re Janata
Oct
20
2008
Ruling
Court appointed attorney granted fee enhancement due to diligence in case of uncooperative debtor.
Procedural posture
Following the conclusion of a debtor's chapter 7 bankruptcy case, the court- appointed attorney filed a motion for authorization of a fee enhancement.
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Court
:
- 11 U.S.C.
In re Tousa Inc.
Sep
22
2008
Ruling
Sale of real property subject to restrictive covenant setting minimum sale price approved where enforcement would be inequitable given collapsed market.
Procedural posture
Chapter 11 debtors sought the authority of the court under 11 U.S.C.S. § 363 to entered into a sale agreement for the sale of certain residential lots that were subject to a restrictive covenant.
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Court
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