- 28 U.S.C.
In re Young
Dec
10
2010
Ruling
Wavier of fees denied to debtor who was below income requirement but was able to pay in installments.
Procedural posture
A debtor filed an application for waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1). During a hearing, the chapter 7 trustee orally objected to the application on the basis of a $ 2,000 bank account balance that the debtor listed in her application and claimed as exempt on her Schedule C.
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Court
:
- 11 U.S.C.
In re Sea Island Co.
Sep
20
2010
Ruling
Retention of law firm to represent debtor nunc pro tunc approved provided firm established screen for individual lawyers who were creditors.
Procedural posture
Chapter 11 debtors filed an unopposed application under 11 U.S.C.S. § 327 for the authority to retain a law firm as co-counsel to the debtors nunc pro tunc to the petition date.
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Court
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PrimeSouth Bank v. Johnson (In re Johnson)
May
25
2010
Ruling
Bankruptcy court abstained from state law action against debtor auto dealer and granted relief from stay to allow discovery to proceed.
Procedural posture
Plaintiff creditor sought relief from the automatic stay of 11 U.S.C.S. § 362(a) to allow it to pursue in state court claims arising under Georgia law against defendant, a chapter 7 debtor, and to involve the debtor in discovery proceedings in those claims. The creditor also requested that, pursuant to 28 U.S.C.S. § 1334(c)(1), the court abstain from proceeding on the adversary proceeding to determine the dischargeability of certain debts.
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Court
:
- 11 U.S.C.
Georgia Heritage Assocs. LP v. Westfields Apts. LLC (In re Westfields Apts. LLC)
Apr
27
2010
Ruling
Confirmation denied where plan proposed assumption of contract for sale of apartment building that debtor had allowed to terminate.
Procedural posture
Debtor in possession sought to confirm its chapter 11 plan. Creditor, a party with whom the debtor had contracted for the sale of an apartment building, filed an objection to the plan.
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Court
:
- 11 U.S.C.
Branch Banking & Trust Co. v. Coffia (In re Coffia)
Mar
23
2010
Ruling
Plan confirmed over creditor's objection with regard to ability to pursue deficiency.
Procedural posture
A creditor filed an objection to confirmation of the chapter 13 debtors' plan on the grounds that it provided for the surrender of real property in full satisfaction of the creditor's secured claim under 11 U.S.C.S. § 1325(a)(5)(C) without providing the creditor recourse to pursue any deficiency.
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Court
:
Seraphin v. Morris Publishing Group LLC (In re Morris Publishing Group LLC)
Feb
10
2010
Ruling
Activist subscribers' "motion to intervene" in debtor newspaper operator's case treated as objection to confirmation as they were not parties in interest and lacked both a direct relationship with debtor and standing.
Procedural posture
In chapter 11 debtors' consolidated bankruptcy case, movant activists filed a motion to intervene that was taken as an objection to confirmation of the chapter 11 plan.
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Court
:
First Franklin Fin. v. Yawn (In re Yawn)
Feb
05
2010
Ruling
Liens against personal property avoided as impairing exemption to the extent the items were "household goods" under state law.
Procedural posture
Plaintiff creditor filed an objection to confirmation of defendant chapter 13 debtor's plan. The creditor objected to the debtor's stated intention to utilize 11 U.S.C.S. § 522(f) to avoid the creditor's lien against certain items of property that the debtor claimed as exempt under O.C.G.A. § 44-13-100(a)(4).
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Court
:
Arizona Fed. Credit Union v. DeSalvo (In re DeSalvo)
Nov
16
2009
Ruling
Relief from stay could not be granted until court determined if creditor had a purchase money security interest of if stay had already terminated.
Procedural posture
This matter came before the court on movant creditor's Motion for Relief from Automatic Stay. The creditor sought relief from stay as to a vehicle in respondent debtors' possession. The Chapter 7 trustee was also a respondent.
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Court
:
Foreman v. J. Walter Constr. Co. (In re Foreman)
Nov
26
2007
Ruling
Postpetition postconfirmation wrongful death claim was not estate property and did not require amendment to schedules.
Procedural posture
The chapter 13 debtor moved to amend the schedules in her case to reflect her interest in a wrongful death claim as to her deceased husband that arose post-confirmation. The objecting parties were defendants in the wrongful death suit. The debtor contended the claim was not property of her estate under 11 U.S.C. §§ 1306(a) and 1327(b), but moved to amend her schedules and identify the asset only in case disclosure was necessary.
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Court
:
- 11 U.S.C.
McKinnon v. Prime South Bank (In re McKinnon)
Sep
24
2007
Ruling
Automatic stay continued in debtor's chapter 13 case filed within one year of dismissal of chapter 12 case due to demonstrable good faith.
Procedural posture
The debtor moved for the extension of the automatic stay beyond the 30th day following the filing of his chapter 11 case, pursuant to 11 U.S.C. § 362(c)(3)(B). The issue was whether that section applied to the debtor, whose prior case was dismissed in the twelve month period immediately preceding the filing of the current case, was a chapter 12 case, and whether debtor could show that the current chapter 11 case was filed in good faith.
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Court
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