Judge Hershner, Jr.

Triad Fin. Corp. v. Brown (In re Brown)

Movant creditor filed an objection to confirmation of respondent debtor's chapter 13 plan.
Ruling: 
Court sustained creditor's objection to plan confirmation since creditor had secured claim protected from bifurcation and was entitled to payments equal to present value of secured claim.
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In re Lary

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's sister and her bankruptcy trustee pursuant to 11 U.S.C. § 548(a)(1)(B), seeking to avoid a fraudulent transfer and the return of a one-half undivided interest in real property that the chapter 7 debtor had transferred to the sister. The court held a trial.
Ruling: 
Trustee was allowed to avoid a transfer as fraudulent since the debtor had received less than a reasonably equivalent value for the property and became insolvent as a result of the tr ansfer.
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In re Toms Foods Inc.

The chapter 11 debtor in possession filed an expedited motion for authorization to schedule an auction for the sale of substantially all of the debtor's assets free and clear of all liens, claims, and interest. The motion also requested approval of certain bidding procedures which would govern the auction.
Ruling: 
Expedited motion authorizing scheduling of auction of most of debtor's assets was granted since sale would later have to be reviewed and approved by the court.
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