- 28 U.S.C.
Pullen v. Cornelison (In re Pullen)
Nov
14
2007
Ruling
Legal malpractice adversary proceeding against bankruptcy counsel from prior case was a core proceeding to liquidate prepetition asset.
Procedural posture
Plaintiff debtors filed a motion to amend their legal malpractice adversary proceeding against defendants, the individuals and a limited liability company ("LLC"), to add a fraud claim.
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Court
:
- 11 U.S.C.
Anderson v. Midwest Holding 7 LLC (In re Tanner Family LLC)
Oct
09
2007
Ruling
Lease termination fee arose from antecedent debt and was avoidable as a preference.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant former lessor of a bankruptcy debtor, alleging that a lease termination fee paid by the debtor to the lessor was an avoidable preference under 11 U.S.C. § 547. The trustee and the lessor cross-moved for summary judgment with regard to the issue of whether the lease termination payment was on account of an antecedent debt.
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Court
:
- 11 U.S.C.
In re Patterson
Aug
08
2007
Ruling
Attorney for debtor-in-possession, replaced by trustee's attorney after conversion to chapter 7, ordered to turn over postpetition retainer paid without court approval.
Procedural posture
After a debtor's chapter 11 case was converted to a chapter 7 case, the debtor filed an application to employ a new attorney.
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Court
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In re Dye
Jul
31
2007
Ruling
Debtor required to show more than mere eligibility to convert to chapter 11.
Procedural posture
Debtor, whose bankruptcy proceeding was originally filed as a chapter 13 and had earlier consented to a conversion of the case to a chapter 7 proceeding, now asked the court to convert it to a chapter 11 proceeding.
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Court
:
BEP Creditors Trust v. Dye (In re Dye)
Jul
12
2007
Ruling
Relief from stay granted to allow validation of postpetition consent judgment in interpleader action.
Procedural posture
Movant, the creditor's trust, by and through the trustee, filed a motion to annul the stay and to validate a postpetition consent judgment. The consent judgment and final order was entered in a state court interpleader action. The chapter 7 debtor and one company objected to the motion to annul.
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Court
:
- 11 U.S.C.
In re Pullen
Jul
06
2007
Ruling
Order for relief from stay vacated due to debtors'initiation of plan in good faith.
Procedural posture
The debtors filed for relief under chapter 13. In an earlier proceeding the court granted the creditor's emergency relief from the automatic stay. The debtor sought to vacate the relief granted, sought to extend the automatic stay, and sought confirmation of their proposed plan. The creditor sought reconsideration.
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Court
:
UniFund Fin. Corp. v. Hughes (In re Hughes)
Jun
01
2007
Ruling
Case dismissed with 180-day filing bar due to debtor's failure to appear at creditors'meeting or produce documents.
Procedural posture
Movant, a creditor, sought an order pursuant to 11 U.S.C. § 707(a) dismissing the chapter 7 case filed by debtor and barring debtor from refiling for a period of five years. Debtor neither appeared nor otherwise opposed the motion.
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Court
:
Highway 54 Prop. LLC v. Manigault (In re Manigault)
May
25
2007
Ruling
Debtor's ninth case dismissed with prejudice with five year filing bar due to abuse of system.
Procedural posture
Movant, a landlord, sought relief from the automatic stay or, in the alternative, an order dismissing debtor's chapter 13 petition pursuant to 11 U.S.C. §§ 105, 109(g) and 349(a). Though debtor was served with notice of the motion and a related hearing, she did not appear in opposition thereto.
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Court
:
Brown v. Pyatt (In re Pyatt)
May
23
2007
Ruling
Debtor could not be compelled to turn over funds transferred by checks written before petition date but honored after filing.
Procedural posture
In this chapter 7 action, the trustee appealed from a judgment of the Bankruptcy Appellate Panel for the Eighth Circuit, which reversed the bankruptcy court's decision compelling the debtor to turn over to the estate the value of several checks which amounted to $1938.76.
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Jaecksch v. GMAC (In re Jaecksch)
Apr
04
2007
Ruling
Creditor who failed to file amended claim after denial of secured status ordered to return payment from chapter 13 trustee.
Procedural posture
Plaintiff debtors filed an adversary proceeding seeking reconsideration of the allowance of defendant creditor's claim and seeking to recover funds paid the creditor by the chapter 13 trustee. The debtors sought the return of the funds the creditor had received in excess of the amount it would have received as an unsecured creditor. The parties filed cross-motions for summary judgment.
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Court
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