- 11 U.S.C.
FPMC Austin Realty Partners, LP, In re
Mar
10
2017
Ruling
Managing member debtor's general partner made no substantial contribution for purposes of fee application in selling debtor's assets as it was expected of someone who was in charge of selling assets of the partnership. (Bankr. W.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Actual and Necessary Expenses; Substantial Contribution.
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Court
:
Kohout v. Nationstar Mortg., LLC (In re Kohout)
Nov
10
2016
Ruling
Disallowance of proof of claim on procedural grounds did not void creditor’s lien. (Bankr. N.D.N.Y.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.
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Court
:
- 11 U.S.C.
In re Powers
Jul
13
2016
Ruling
Confirmation of debtor’s third amended plan denied as the plan was not proposed in goodfaith. (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
In re Colliau
May
20
2016
Ruling
Trustee could not keep case open to see if liened property appreciated but equitable lien imposed to cover value of transfers made to defraud creditors.
Issue(s)
Where debtor's equity in property was less than statutory maximum could trustee keep the case open to see if the property appreciated to a higher value?
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Court
:
- 11 U.S.C.
Etheridge v. CitiMortgage Inc. (In re Etheridge)
Jan
28
2016
Ruling
State property law could be applied to allow settlement avoiding underwater second lien on debtor's property despite anti-modification provision of § 1322 (b)(2).
Issue(s)
Could second lien on debtor's property be avoided in settlement?
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Court
:
In re Smith
Jan
21
2016
Ruling
Conversion of chapter 7 case to chapter 11 denied as not beneficial to debtors or creditors.
Issue(s)
Can chapter 7 debtors be forced to convert their case to chapter 11 and be compelled to repay creditors in a five-year plan?
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Court
:
In re Croft
Oct
14
2015
Ruling
Chapter 7 case that had been converted from chapter 13 could be dismissed for abuse due to exhorbitant spending and failure to account for spending while case was in chapter 13.
Issue(s)
Was bankruptcy court precluded from considering the dismissal of chapter 7 case that had been converted from chapter 13 for abuse?
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Court
:
- 11 U.S.C.
Davis v. Springleaf Fin. Servs. (In re Davis)
Sep
09
2015
Ruling
Wholly unsecured second mortgage could be stripped off.
Issue(s)
Could wholly unsecured second mortgage on debtor's residence be stripped off?
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Court
:
- 11 U.S.C.
In re Engels
Sep
03
2015
Ruling
Relief from stay to enforce postpetition asset purchase agreement denied.
Issue(s)
Whether a bankruptcy court ("BC") could compel a chapter 13 debtor to sell property of the estate in absence of a sale motion by debtor ("D") himself.
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Court
:
- 11 U.S.C.
In re 804 Congress L.L.C.
Mar
13
2015
Ruling
Claim of substitute trustee for balance of commission on foreclosure sale allowed.
Issue(s)
Whether or not the claims of the bank and the substitute trustee should be allowed under 11 U.S.C.S. § 502.
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Court
: