- FRBP
In re Continuum Care Servs.
Sep
10
2007
Ruling
Sole shareholder, director and former CEO of involuntary debtor corporation held in contempt for failure to comply with order to compel testimony and production of documents.
Procedural posture
A debtor filed a motion seeking the apprehension of an individual pursuant to Fed. R. Bankr. P. 2005 for his failure to comply with an order to compel testimony and to compel production of documents in an involuntary chapter 11 bankruptcy case.
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Court
:
- 28 U.S.C.
In re Perez
Feb
27
2007
Ruling
Debtors just over financial threshold for waiver of filing fee granted extension of payment schedule.
Procedural posture
The debtors filed a motion for reconsideration of the court's order denying their application for a waiver of the filing fee for their chapter 7 case under 28 U.S.C. § 1930(f)(1).
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Court
:
- 11 U.S.C.
In re Schwarz
Jan
26
2007
Ruling
Property owned in tenancy by the entireties which was exempt from process under state law was also entitled to bankrupty exemption.
Procedural posture
A chapter 7 trustee filed an objection after a chapter 7 debtor claimed a homestead exemption in his Florida home, which he owned as a tenant by the entireties with his wife. The trustee argued that, pursuant to 11 U.S.C. § 522(b)(3)(A), Maryland law, rather than Florida law, determined the homestead exemption that the debtor could claim and that he could not claim a homestead exemption under Maryland law.
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Court
:
- 11 U.S.C.
Hamm v. United States (In re Hamm)
Nov
17
2006
Ruling
Tax debt was not discharged in either of well-to-do debtors'two bankruptcies given evidence of efforts to evade or defeat taxes.
Procedural posture
Debtors, a physician and his spouse, brought an adversary proceeding seeking a determination that their liability for federal income taxes to the IRS over a five-year period had been discharged in a prior chapter 7 case. At issue was whether the government had shown that debtors willfully attempted in any manner to evade or defeat the tax so as to trigger nondischargeability per 11 U.S.C. § 523(a)(1)(C).
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Court
:
Salkin v. Chira (In re Chira)
Nov
16
2006
Ruling
Claims of involuntary debtor's former spouse and spouse's mortgagee brother allowed but equitably subordinated.
Procedural posture
Plaintiff, trustee for ex-husband debtor, brought an adversary proceeding against eight defendants, i.e., those who claimed an interest in certain real property, to determine the validity, priority, and amount of deeds made and obligations incurred by debtor. After a series of partial summary judgments, three defendants remained in litigation. The matter was pending decision following trial on issues between the trustee and remaining defendants.
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Court
:
- 11 U.S.C.
In re Delfino
Sep
28
2006
Ruling
Debtor could not reopen case after seven years to add creditors due to lack of good faith.
Procedural posture
The debtor's filed a motion for reconsideration of the court's order that denied the debtor's motion to reopen his case for the purpose of amending or adding creditors. The debtor also filed a motion to enforce the discharge or in the alternative to show cause as to why the creditor should not be held in contempt.
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Court
:
- 11 U.S.C.
In re Chira
Jun
05
2006
Ruling
Trustee's motion to assume executory contract for sale of hotel and to settle dispute with purchaser was granted since contract was in best interests of estate and unsecured creditors.
Procedural posture
Creditors filed an involuntary chapter 7 petition against debtor under 11 U.S.C. § 303. After her appointment, movant trustee sought to assume an executory contract for the sale of real property and to settle a dispute with respondent purchaser over the ownership of a hotel that he had purchased from a receiver appointed by a state divorce court.
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Court
:
In re Marineau
May
18
2006
Ruling
Court deemed that creditor's refusal to release state garnishment lien took priority over trustee's avoidance powers and thus did not vioalte automatic stay.
Procedural posture
Movant debtors sought to release funds garnished by respondent creditor and turnover of the garnished funds. The creditor cross-moved for relief from the automatic stay under 11 U.S.C. § 362 so that it could complete its state court garnishment of the funds.
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Court
:
- 11 U.S.C.
Osborne v. American Express Travel Related Services Co. (In re Global Vending Inc.)
May
17
2006
Ruling
Motion to authorize trustee to file settlement agreement under seal was denied since motion did not satisfy exception to rule that documents be made available to public.
Procedural posture
Plaintiff trustee's complaint sought to recover allegedly avoidable transfers from defendant transferee which exceeded $900,000. The matter came on for hearing on the trustee's ex parte motion for order authorizing the trustee to file under seal a settlement agreement with the transferee, which was filed by the trustee at the same time as the trustee's motion to approve compromise of controversy with the transferee.
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Court
:
- 11 U.S.C.
In re Satinoff
May
04
2006
Ruling
Court dismissed case due to late delivery of tax return but reinstated the case since the late delivery did not prejudice the parties.
Procedural posture
A trustee and a debtor filed a joint motion to dismiss a chapter 7 case, pursuant to 11 U.S.C. § 521(e)(2), to reinstate the case under 11 U.S.C. § 350(b).
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Court
: