- 11 U.S.C.
In re Jerath Hospitality LLC
Dec
18
2012
Ruling
Bankruptcy Code language requiring "regular payments" under plan did not preclude balloon payments.
Procedural posture
Chapter 11 debtor submitted its proposed plan for confirmation. The proposed plan would pay the obligation owing to the state department of revenue's claim amortized over forty-eight monthly installments with a lump sum payment due prior to the sixtieth month following the petition date. The department of revenue filed an objection to the plan.
ABI Membership is required to access the full summary of In re Jerath Hospitality LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Boudreaux v. Sheffield (In re Sheffield)
Dec
14
2012
Ruling
Court denied motion for sale of residence where detriment to holders of life estate outweighed benefit to estate of debtor holding remainder interest.
Procedural posture
Citing 11 U.S.C.S. § 363(h), movant, the chapter 7 trustee for debtor daughter, asked the court to authorize a forced sale of a residence in which debtor had a remainder interest. The co-owners of the residence were debtor's parents. At issue was whether the benefit to be realized by debtor's estate upon such a sale outweighed the detriment to her parents.
ABI Membership is required to access the full summary of Boudreaux v. Sheffield (In re Sheffield) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
ClearOne Communs. Inc. v. Bowers (In re Bowers)
Dec
10
2012
Ruling
Creditor's pursuit of sanctions against third parties and surveillance of debtor as research for service of process did not violate stay.
Procedural posture
Chapter 7 debtor filed a motion for sanctions pursuant to 11 U.S.C.S. § 362(k) and Fed. R. Bankr. P. 9011 against a creditor and objected to the trustee's final report and application for compensation addressing proposed distributions to the creditor.
ABI Membership is required to access the full summary of ClearOne Communs. Inc. v. Bowers (In re Bowers) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Thompson v. Barbee (In re Barbee)
Sep
25
2012
Ruling
Loan debt was nondischargeable due to debtor's fraudulent misrepresentation that he would use receivables to repay creditor.
Procedural posture
Plaintiff creditors sought a denial of discharge of all of the debtor's obligations pursuant to 11 U.S.C.S. § 727(a)(4)(A), alternatively sought a determination that a $100,000 loan from the creditors to the debtor was non-dischargeable pursuant 11 U.S.C.S. § 523(a)(2)(A), (4) and (6).
ABI Membership is required to access the full summary of Thompson v. Barbee (In re Barbee) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Waltower
Sep
07
2012
Ruling
Automatic stay terminated with regard to property surrendered to bank.
Procedural posture
Movant property owners filed a motion pursuant to 11 U.S.C.S. § 362(j), seeking confirmation that the automatic stay that was imposed when debtors declared chapter 13 bankruptcy was no longer in effect as to real property the debtors surrendered to a bank. The court held a hearing on the owners' motion.
ABI Membership is required to access the full summary of In re Waltower Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Whigham
Sep
06
2012
Ruling
Motion to extend exclusivity periods granted due to good faith progress towards reorganization.
Procedural posture
An entity and a married couple whose cases were being jointly administered (collectively, the debtors), filed a joint motion to extend the exclusivity periods within which to file a plan and obtain acceptances pursuant to 11 U.S.C.S. § 1121(d). A creditor objected to the motion.
ABI Membership is required to access the full summary of In re Whigham Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Brown v. Branch Banking & Trust Co. (In re Brown)
Sep
04
2012
Ruling
Creditor did not violate stay by failing to take affirmative steps to accept surrendered property.
Procedural posture
Plaintiff debtor filed this adversary proceeding alleging that defendant creditor was: (1) in willful contempt of the Confirmation Order, (2) in willful violation of the automatic stay under 11 U.S.C.S. § 362, (3) liable for damages under 11 U.S.C.S. § 362(k). Debtor sought actual damages as well as punitive damages in the amount of $150,000 and attorney fees and litigation expenses. The creditor moved to dismiss, Fed. R. Civ. P. 12(b)(6).
ABI Membership is required to access the full summary of Brown v. Branch Banking & Trust Co. (In re Brown) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ward
Aug
24
2012
Ruling
Postconfirmation modification granted over trustee's objection due to failure of debtor to realize anticipated substantial increase in income.
Procedural posture
Before the court was debtor's modification of plan after confirmation and the chapter 13 Trustee's objections thereto. Debtor filed this modification after confirmation (MAC) seeking to reduce the monthly payments to $200/month because debtor was unable to make the $2,500/month step up payment because his current income and expenses demonstrated the ability to pay less than the amount in the confirmed plan.
ABI Membership is required to access the full summary of In re Ward Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Moore
Aug
24
2012
Ruling
Incarcerated debtor's appearance at §341 meeting of creditors could not be waived.
Procedural posture
A chapter 7 debtor who was incarcerated filed a motion to waive his appearance at the 11 U.S.C.S. § 341 meeting as well as any other hearing that might be required.
ABI Membership is required to access the full summary of In re Moore Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Crouser v. BAC Home Loans Servicing LP (In re Crouser)
Aug
20
2012
Ruling
Proceeds of settlement of stay litigation were property of the estate.
Procedural posture
After debtor asked the court to approve a settlement with a creditor that had violated the stay in 11 U.S.C.S. § 362, which settlement included a $25,000 payment to debtor, the chapter 13 trustee objected to the settlement to the extent that it allowed debtor to receive the balance of the payment net of attorneys fees. At issue was whether, per 11 U.S.C.S. § 541 and 11 U.S.C.S. § 1306, a § 362(k) claim was property of debtor or of the estate.
ABI Membership is required to access the full summary of Crouser v. BAC Home Loans Servicing LP (In re Crouser) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: