- 11 U.S.C.
Ciesla v. Harney Mgmt. Partners (In re KLN Steel Prods. Co.)
Feb
18
2014
Ruling
Transfers to restructuring consultant avoided as preferential but with credit for unpaid services, which were covered by the new value defense.
Issue(s)
Whether payments to restructuring consultants hired to advise debtor business prior to its bankruptcy filing could be avoided as preferential or whether those payments are protected from recovery by the "ordinary course of business" or "new value" defenses?
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Court
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Bank of N.Y. Mellon v. GC Merchandise Mart LLC (In re Denver Merch. Mart Inc.)
Jan
27
2014
Ruling
Debtor did not become liable for prepayment penalty on acceleration of promissory note.
Issue(s)
Whether or not the debtor became liable for the $1.8 prepayment consideration upon the pre- bankruptcy acceleration of the promissory note.
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Court
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Judge or Jurisdiction information not available
In re Acee
Nov
12
2013
Ruling
Debtor was not a family farmer eligible under chapter 12 as less than half of debts were farm debts.
Issue(s)
Did debtor whose income was derived from an extensive clay pigeon shooting range, gun club, pistol range, stocked pheasant hunts, and other related recreational activities, and who had disposed of significant farming assets eligible as a family farmer under chapter 12.
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Court
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Warren v. PNC Bank Inc. (In re Warren)
Oct
04
2013
Ruling
Debtors not entitled to reclassify claim postconfirmation.
Issue(s)
Could debtors reclassify secured claim as unsecured, due to loss of equity in property, four years after confirmation.
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Court
:
- FRBP
Meredith v. City of Camden Water & Sewer (In re Smith)
Sep
16
2013
Ruling
Counsel admonished for failure to used electronic filing system.
Issue(s)
Should creditor's attorney have complied with local electronic filing requirements .
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Court
:
- FRBP
In re St. Louis
Aug
21
2013
Ruling
Order sustaining objection to proof of claim vacated due to improper service upon creditor.
Issue(s)
Debtor's objection to creditor's proof of claim did not request the court to cancel or release liens, was not served upon lawyer who voted to accept the plan and did not attach a proposed form of order. Should the order sustaining the objection be vacated on reconsideration.
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Court
:
- 11 U.S.C.
Wang v. Shao Ke (In re Shao Ke)
Aug
14
2013
Ruling
Debt was nondischargeable due to debtor's personal use of corporate funds.
Issue(s)
Whether judgment debt for failure to account for corporate profits was nondischargeable.
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Court
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In re Investors Lending Group LLC
Jul
08
2013
Ruling
Fee application of attorney for official committee of secured creditors approved as reasonable over committee's objection.
Procedural posture
Law firm that represented Official Committee of Unsecured Creditors (the Committee) in a chapter 11 case filed an application for attorneys' fees. The Committee raised an objection to the fee application.
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Court
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- 11 U.S.C.
In re Mixon
Jun
10
2013
Ruling
Debtor denied relief from stay to pursue state court action against creditor that would interfere with bankruptcy.
Procedural posture
A debtor filed a motion for relief from stay under 11 U.S.C.S. § 362(d) in order to pursue a state law case against a judgment creditor to determine the amount of her debt and whether the judgment was proper.
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Court
:
- 11 U.S.C.
McDonald v. Dunnett (In re Dunnett)
May
29
2013
Ruling
Debt was dischargeable absent actionable misrepresentations or omissions.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), and (a)(6). Because the creditor failed to pursue his § 523(a)(4) and (a)(6) claims at trial and to address them in his post-trial submission, the court concluded that he abandoned these claims.
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Court
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