- 11 U.S.C.
In re Neclerio
Aug
20
2008
Ruling
Plan that did not provide 100% distribution to unsecured creditors despite ability to pay denied.
Procedural posture
The debtor filed for relief under chapter 13 of the Bankruptcy Code, and filed a first amended chapter 13 plan. The debtor sought confirmation of the first amended plan.
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Court
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Carlo v. Orion Omniservice Co. (In re Carlo)
Aug
15
2008
Ruling
Notice requirements for due process must be balanced with expeditiousness of bankruptcy proceedings.
Procedural posture
Plaintiff debtor filed a complaint against defendant creditor to determine the dischargeability of a debt. Pursuant to Fed. R. Bankr. P. 7055(a), the debtor moved for default. The issue was whether Fed. R. Bankr. 7004(b)(3) required service addressed to the attention of an individual by name and office title, or simply by office title.
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Court
:
- 11 U.S.C.
In re Casavalencia
Jun
05
2008
Ruling
Case dismissed as filed for improper purpose to evade responsibility for securities fraud scheme and debtor's attorney sanctioned for filing without reasonable inquiry.
Procedural posture
Four creditors of the debtor moved to dismiss his case as a bad faith chapter 13 filing, for relief from the automatic stay so that they may continue with prepetition litigation against the debtor, and for the award of attorneys' fees and costs.
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Court
:
- 11 U.S.C.
In re Bryer
Apr
24
2008
Ruling
Non-appearing creditor and collection agency fined for violation of discharge injunction.
Procedural posture
The court considered an order to show cause why an assignee creditor of the debtor and its collection agency should not be held in contempt for violating the discharge injunction of 11 U.S.C.S. § 524. Both entities were directed to appear and explain why they had engaged in violative conduct, under the court's inherent powers and its statutory authority under 11 U.S.C.S. § 105(a).
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Court
:
- 11 U.S.C.
Kapila v. United States (In re Taylor)
Apr
10
2008
Ruling
Debtor's irrevocable waiver of net operating loss carryback avoided as constructively fraudulent transfer.
Procedural posture
Plaintiff chapter 7 trustee filed a Fed. R. Civ. P. 56 motion for summary judgment and defendant United States Government filed a cross motion for summary judgment on an adversary proceeding to avoid and recover the debtor's election of an irrevocable waiver of a prepetition net operating loss (NOL) carryback under the Internal Revenue Code as a constructively fraudulent transfer, pursuant to 11 U.S.C.S. §§ 548 and 550.
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Court
:
- 11 U.S.C.
Kapila v. United States (In re Taylor)
Apr
10
2008
Ruling
Irrevocable waiver of prepetition net operating loss carryback was a constructively fraudulent transfer.
Procedural posture
Plaintiff chapter 7 trustee filed a Fed. R. Civ. P. 56 motion for summary judgment and defendant United States Government filed a cross motion for summary judgment on an adversary proceeding to avoid and recover the debtor's election of an irrevocable waiver of a prepetition net operating loss (NOL) carryback under the Internal Revenue Code as a constructively fraudulent transfer, pursuant to 11 U.S.C.S. §§ 548 and 550.
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Court
:
- FRBP
Western Union Fin. Servs. v. Mascarenhas (In re Mascarenhas)
Feb
26
2008
Ruling
Dischargeability proceeding dismissed as filed one day after expiration of 60-day deadline.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant debtor objecting to the dischargeability of an obligation pursuant to 11 U.S.C.S. § 523. The debtor filed a motion to dismiss, claiming that the adversary proceeding was not timely, pursuant to Fed. R. Bankr. P. 4007(c).
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Court
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In re Patriot Aviation Servs.
Feb
21
2008
Ruling
Law firm representing itself not entitled to administrative claim for fees.
Procedural posture
A law firm filed an application seeking allowance of $ 26,335 for legal fees as an administrative expense pursuant to 11 U.S.C.S. § 503(b)(3)(D) and (b)(4).
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Court
:
- 11 U.S.C.
In re Bryan Road LLC
Feb
12
2008
Ruling
Prepetition agreement waving stay in event of bankruptcy was enforceable.
Procedural posture
A secured creditor of a chapter 7 debtor filed a motion for stay relief pursuant to 11 U.S.C.S. § 362, based upon a pre-petition consent to stay relief signed by the debtor.
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Court
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In re SunCruz Casinos LLC
Oct
26
2007
Ruling
Late filed personal injury claim allowed where prejudice to debtor was outweighed by right to pursue claim.
Procedural posture
The debtor filed for relief under chapter 11. A former employee filed a motion for rehearing on the court's earlier order denying the judgment creditor's motion to allow a late- filed claim and to allow relief from stay. The debtor and the primary secured creditor objected to the motion.
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Court
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