Northern District

In re Cotton

Debtor commenced a chapter 13 case. Before the court were debtor's motion seeking to voluntarily dismiss the case, along with several other matters, to wit: a motion for relief from automatic stay filed on behalf of an estate, a motion for approval of settlement filed on behalf of debtor's former counsel in related state litigation, and the chapter 13 trustee's objection to confirmation of plan.
Ruling: 
Court denied the debtors their motion to dismiss a chapter 13 case and ruled that the best interests of the creditors were to have the case converted to chapter 7.
ABI Membership is required to access the full summary of In re Cotton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Allied Holdings Inc.

Debtors, who had filed voluntary petitions under chapter 11, filed a motion for approval of a key employee retention program ("KERP") pursuant to 11 U.S.C. § 363(b). The KERP was supported by the official committee of unsecured creditors and the debtors'postpetition lenders but opposed by a union committee and the U.S. trustee.
Ruling: 
Court provided that it would approve a key employee retention program with certain amendments to the program since the debtors had a sound business reason for proposing the program.
ABI Membership is required to access the full summary of In re Allied Holdings Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Turner v. Stuart (In re Stuart)

Two cases came before the court on motions filed by movant, the trustee, to dismiss each of respondent debtor's cases with prejudice. Also, in one of the cases, movant creditor sought to annul the automatic stay so that it could complete the foreclosure sale to the third-party bidder.
Ruling: 
Debtor's third and fourth cases were dismissed for cause due to filing in bad faith.
ABI Membership is required to access the full summary of Turner v. Stuart (In re Stuart). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Damiano

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.
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.
ABI Membership is required to access the full summary of In re Damiano. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Vaughn v. Pipkin (In re Vaughn)

Before the court in a chapter 13 case was movant debtor's request for continuation of the automatic stay. Debtor sought continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) as to all creditors and parties of interest until the case was closed.
Ruling: 
Debtor was granted an automatic stay continuation in a chapter 13 case since the criteria for obtaining an injunction were met.
ABI Membership is required to access the full summary of Vaughn v. Pipkin (In re Vaughn). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Mortg. Elec. Registration Sys. v. Townsend (In re Townsend)

Debtor filed a pro se motion styled as "Emergency Motion to Reconsider Order of Dismissal Pursuant to 11 U.S.C. § 109(g) to Shorten Time for Notice and to Permit Re-Filing." The motion was opposed by creditor, which filed a request to deny debtor's Emergency Motion.
Ruling: 
Court denied the debtor's emergency motion to reconsider a section 109(g) dismissal order since the debtor failed to file a court-requested affidivat of making chapter 13 plan payments or postpetition mortgage arrearages.
ABI Membership is required to access the full summary of Mortg. Elec. Registration Sys. v. Townsend (In re Townsend). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.)

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.
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.
ABI Membership is required to access the full summary of Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Monteiro

The debtor filed a chapter 7 case pro se. The debtor requested a waiver of the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Pro se debtor did not sufficiently allege grounds for obtaining an exemption from the prefiling credit counseling requirement, but the court permitted the debtor to supplement the exemption request and and to obtain a credit briefing within 30 days of filing.
ABI Membership is required to access the full summary of In re Monteiro. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Bramlett Plumbing Inc.

In August, 2005, the debtors filed an application to employ an accounting firm, and the application disclosed that the debtors had paid the firm a prepetition retainer. The court advised debtors that the filing was deficient and the debtors filed a pleading withdrawing the application. The debtors were directed to file a report disclosing the actual amount of the retainer and its disposition.
Ruling: 
Debtors'counsel was ordered to refund the debtor a retainer that had been characterized to the court as for bankruptcy case services but that had been applied to a prepetition services debt.
ABI Membership is required to access the full summary of In re Bramlett Plumbing Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Northern District