In re Clemons
Jun
01
2006
Ruling
Court denied trustee's confirmation objection since debtors had to lower monthly payment due to debtor wife's loss of job.
Procedural posture
Chapter 13 trustee objected to the confirmation of debtors'amended plan pursuant to 11 U.S.C. § 1325(b).
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Court
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In re Palmer
May
12
2006
Ruling
Court dismissed case since debtor did not file in good faith and failed to come before court in proper prosecution of case.
Procedural posture
Before the court in debtor's chapter 13 case was the trustee's motion to dismiss the case and the motion of a lender to dismiss the case with prejudice.
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Court
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Williams v. Taylor (In re Taylor)
May
03
2006
Ruling
Adversary proceeding seeking determination of priority of state law liens dismissed for lack of subject matter jurisdiction.
Procedural posture
Plaintiff judgment creditor brought an adversary proceeding against defendants, debtors and mortgagee, seeking a declaratory judgment that his judgment lien had priority over the mortgagee's lien on the debtors' residence. The mortgagee filed a motion for summary judgment.
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Court
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In re Carter
Apr
13
2006
Ruling
Debtor's counsel's attempt to collect additional attorneys' fees was barred by plan confirmation.
Procedural posture
Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
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Court
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In re Carter
Apr
13
2006
Ruling
Debtor's attorney's attempt to collect additional fees barred by confirmation of plan.
Procedural posture
Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
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Court
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In re Know Thy Self Inc.
Mar
17
2006
Ruling
Sole proprietorship was not eligible to be a debtor, and automatic stay was annulled.
Procedural posture
Before the court in debtor's chapter 11 matter was a creditor's Motion for Relief from Automatic Stay, to Annul Automatic Stay Ab Initio, to Validate Foreclosure Sale, and for in Rem Relief.
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Court
:
- 11 U.S.C.
Goodman v. Highland Software LLC (In re Webusenet Inc.)
Mar
07
2006
Ruling
Court denied creditor's motion to dismiss preferential transfer claim.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer as preferential pursuant to 11 U.S.C. §§ 547 and 550. The creditor moved to dismiss.
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Court
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Candelario v. Centennial Healthcare Corp. (In re Centennial Healthcare Corp.)
Dec
28
2005
Ruling
Creditor was granted a motion to extend time to file an administrative claim and for relief from the discharge injunction since the creditor was not given notice of the filing and established excusable neglect for the delay in filing a claim.
Procedural posture
Movant creditor filed a motion to extend the time to file an administrative expense claim and for relief from a discharge injunction. Respondent debtors, who leased and managed numerous nursing homes, contested the motions. The creditor, who claimed that her mother's death was attributable to negligent care while she was a patient in one of the nursing homes, filed her claim request after expiration of the filing deadline.
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Court
:
- 11 U.S.C.
In re Damiano
Dec
13
2005
Ruling
Late-filed proof of claim of the debtor's mother was disallowed since the mother had actual knowledge of the case in time to timely file and another creditor objected to the mother's motion to deem the filing timely.
Procedural posture
Movant, the mother of a debtor, sought an order allowing her late-filed proof of claim in her daughter's chapter 7 bankruptcy case under Fed. R. Bankr. P. 3002. A creditor opposed the motion.
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Court
:
- 11 U.S.C.
Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.)
Nov
17
2005
Ruling
Creditor was denied motion for full monthly rental payment pursuant to a lease but was granted motion for payment of postfiling use of the premises as an administrative expense.
Procedural posture
Petitioner debtor leased nonresidential real property from respondent creditor pursuant to a lease agreement requiring the payment of annual rent in equal monthly installments on the first day of each month. The debtor filed for bankruptcy on November 4, 2004, without having paid the rent for November 2004. The creditor moved for an order compelling the debtor to pay the full monthly lease rent payment. The debtor contested the motion.
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Court
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