- 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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- 11 U.S.C.
In re Benedetti
Jul
13
2007
Ruling
Debtor allowed to deduct payments on property intended for surrender in means test calculation.
Procedural posture
Chapter 7 debtor was a single woman who listed two leased vehicles on the date of her petition but subsequently surrendered one of the vehicles. The United States Trustee moved to dismiss the chapter 7 case as presumptively abusive pursuant to 11 U.S.C. § 707(b)(2).
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Court
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In re Fletcher
Jun
19
2007
Ruling
Secured claim against truck allegedly purchased for business purposes but clearly used for personal purposes could not be bifurcated due to operation of hanging paragraph.
Procedural posture
A chapter 13 bankruptcy debtor sought a determination of the secured status of a claim of a creditor secured by the debtor's truck, and the debtor moved to value the truck under 11 U.S.C. § 506(a) for purposes of stripping down the creditor's lien. The creditor asserted that section 506 did not apply pursuant to 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5) since the truck was purchased for personal use.
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Dunn v. Cano & Harry Corp. (In re Canovas)
Jun
08
2007
Ruling
Payment to commercial creditor from proceeds of sale of business while debtor was insolvent was preferential.
Procedural posture
Plaintiff and intervener chapter 7 trustees, one representing the estate of the debtor and the other representing the estate of the debtor's wife, filed almost identical adversary complaints against defendant creditor, seeking to avoid a payment as either a preferential transfer under 11 U.S.C. § 547(b) or as a fraudulent transfer under 11 U.S.C. § 544(b). The trustees filed a joint summary judgment motion as to their preference claims.
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Dzikowski v. Gauthier (In re Gauthier)
May
30
2007
Ruling
Discharge denied due to debtors'misrepresentations regarding sale of homestead and use of proceeds.
Procedural posture
Chapter 7 trustee filed a complaint that objected to the debtors'claim of exempt property, objected to the debtor's discharge, sought to avoid unauthorized postpetition transfers, and claimed that a money judgment was owed. The court held a hearing and issued findings.
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Feltman v. City Natl Bank (In re Sophisticated Communs. Inc.)
May
25
2007
Ruling
Funds deposited by debtor to cover overdrafts were preferential transfers.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant bank, alleging that certain transfers made by the debtor as deposits into the debtor's bank account at the bank were avoidable and recoverable as preference payments pursuant to 11 U.S.C. §§ 547 and 550.
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Court
:
- 11 U.S.C.
In re Dominique
May
14
2007
Ruling
Lender waived anti-modification rights by failing to provide debtor with annual notices of escrow increases.
Procedural posture
Chapter 13 debtors moved to determine that postpetition escrow account increases raised by its primary residential lender were dischargeable. The lender asserted that the postpetition obligations secured by debtors'residence could not be modified under 11 U.S.C. § 1322(b)(2), although the lender had not given annual escrow notices to debtors as required by 24 C.F.R. § 3500.17(f).
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Court
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United States v. Naegele
Apr
18
2007
Ruling
False sworn statements by debtor's attorney that were never filed with the court were not grounds for perjury charge.
Procedural posture
Defendant, an attorney licensed to practice law in California and the District of Columbia, moved to dismiss Count 7 of an indictment, which charged him with making false declarations or statements under penalty of perjury with respect to documents he filed in a chapter 7 petition in bankruptcy court in violation of 18 U.S.C. § 152(3).
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Court
:
- 11 U.S.C.
In re Barons Stores Inc.
Apr
12
2007
Ruling
Affidavits of disinterestedness given by special counsel were filed in error and did not amount to fraud on the court.
Procedural posture
Movants, a chapter 11 debtor and the debtor's officers and sole shareholders, filed a motion to reopen the debtor's bankruptcy case, claiming that certain attorneys perpetrated a fraud upon the court in connection with their applications to be retained as general or special counsel.
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In re ITG Vegas Inc.
Apr
03
2007
Ruling
Lobbying firm could be retained as political consultant to debtor.
Procedural posture
After the debtors petitioned for bankruptcy relief, the debtors filed an application seeking authority to employ a lobbying firm, pursuant to 11 U.S.C. § 327, as a political consultant to the debtors. The limited liability company objected to the application. The debtors thereafter amended their application, modifying their basis for relief to reflect approval pursuant to 11 U.S.C. § 363(b) as a use of cash.
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Court
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