In re Saunders
Feb
17
2011
Ruling
Trustee's objection to debtor's amendment to reflect newly discovered remainder interest in property and motion to close case denied due to policy in favor of expeditious and inexpensive administration and closing of cases.
Procedural posture
After a Chapter 7 debtor amended her schedules to reflect her newly- discovered remainder interest in real property, the Trustee objected to the amendment. The Trustee also filed a motion to close the case and retain jurisdiction over the remainder interest.
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Court
:
- 11 U.S.C.
Alpha Protective Servs., In re--Gordon v. Hackenberry
Feb
11
2011
Ruling
Trustee entitled to summary judgment after court found that the defendant was an insider at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
:
In re Mercer
Dec
16
2010
Ruling
Voluntary dismissal denied due to prejudice to creditors.
Procedural posture
This matter came before the court on a Motion to Voluntarily Dismiss filed by debtors pursuant to 11 U.S.C.S. § 707(a). The Chapter 7 Trustee objected.
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Court
:
- 11 U.S.C.
Ballard v. Freedom Auto Plaza (In re Ballard)
Nov
01
2010
Ruling
Creditor's refusal to turn over truck being held under terms of loan violated stay.
Procedural posture
Chapter 13 debtors filed a motion seeking a determination that a truck respondent creditor possessed had to be turned over to the debtors, and actual and punitive damages based on a violation of the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtors declared bankruptcy.
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Court
:
- 11 U.S.C.
In re Golden Grove Pecan Farm
Sep
02
2010
Ruling
Chapter 11 trustee appointed in case of receivership.
Procedural posture
The debtors were receiverships created by order of the state court. In a contested matter, the U.S. trustee filed a motion to appoint a chapter 11 trustee, related parties filed a motion to substitute real parties in interest, and the state court appointed receiver filed a notice of intent to comply with orders of the state court by turning over property of the estate to the related parties.
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Court
:
In re Campbell
Apr
29
2010
Ruling
Creditor granted relief from discharge injunction for the limited purpose of proceeding against debtor's liability insurer.
Procedural posture
An unsecured creditor filed a motion to reopen a case for the purpose of seeking relief from the permanent discharge injunction under 11 U.S.C.S. § 524 in order to seek a judgment of liability against a chapter 7 debtor so that he could proceed against the debtor's liability insurer. The debtor's state court counsel objected. The debtor's bankruptcy counsel stated that the debtor consented to the reopening for the limited relief requested.
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Court
:
In re Altman
Dec
18
2009
Ruling
Case ordered converted to chapter 13 or dismissed based on totality of circumstances.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee (UST) filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(b)(2) and (3), contending that it would have been an abuse of chapter 7 to grant the debtor a discharge under chapter 7. The UST's motion was tried to the court.
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Court
:
- 11 U.S.C.
Omega Cotton Co. v. Sutton (In re Sutton)
Oct
02
2008
Ruling
State court judgment was dischargeable where state law debtor violated governing officers and directors did not create fiduciary duties.
Procedural posture
Plaintiff company filed an adversary proceeding against defendant debtor. The company sought to exempt from discharge, pursuant to 11 U.S.C.S. § 523(a)(4), an earlier district court judgment in the amount of $308,430 and a fraud claim in the amount of $4.523 million. The debtor filed a motion to dismiss and the company filed a motion for partial summary judgment.
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Court
:
In re ELL 11 LLC
Apr
02
2008
Ruling
Creditor whose claim was denied was no longer a party in interest and could not object to plan.
Procedural posture
A creditor objected to the confirmation of a debtor's chapter 11 plan.
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Court
:
In re Beasley
Oct
09
2007
Ruling
Debtor could not bifurcate second claim in 910 vehicle purchased for personal use of spouse who filed separately.
Procedural posture
A debtor filed for relief under chapter 13 and submitted a proposed plan. A creditor objected to the plan because the creditor's secured claim in the debtor's vehicle would be bifurcated into secured and unsecured portions and "crammed down," in alleged violation of 11 U.S.C. § 1325(a).
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Court
: