- 11 U.S.C.
In re Chatham Parkway Self Storage LLC
Apr
25
2013
Ruling
Single asset real estate debtor could use cash collateral to pay fees of attorneys and financial advisor.
Procedural posture
Debtor Georgia limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting self-storage units as a debtor-in- possession. The debtor asked the court for permission to use cash collateral it pledged to a bank to pay attorneys' fees and fees charged by its financial advisor, pursuant to 11 U.S.C.S. § 363. The bank opposed the debtor's motion.
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Court
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- 11 U.S.C.
In re Hardigan
Mar
29
2013
Ruling
Conversion or dismissal denied where debtor's income was insufficient to support a chapter 11 plan.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") and a bank filed motions seeking an order under 11 U.S.C.S. § 707(b)(3)(B) which converted the debtor's case to one under chapter 11 of the Bankruptcy Code or dismissed the case. The court denied the UST's and the bank's motion for summary judgment and held a hearing on the motions.
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Court
:
- 11 U.S.C.
In re Schuman
Mar
22
2013
Ruling
Attorneys' fee application approved in reduced amount due to excessive hours billed.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors. After the debtor's plan was confirmed, her attorney filed an application seeking an interim award of $9,652.50 in attorney's fees and $245.60 in expenses under 11 U.S.C.S. §§ 330 and 331. The court held a hearing on the application.
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Court
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- 11 U.S.C.
Dittenber v. Brown (In re Brown)
Mar
14
2013
Ruling
Debtor's obligation under divorce agreement to indemnify and hold spouse harmless was nondischargeable although underlying obligation to creditor was dischargeable.
Procedural posture
Debtor's ex-husband (creditor), initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of Debt. The creditor asserted that pursuant to 11 U.S.C.S. § 523(a)(15), debtor's obligations under a Divorce Agreement and a Contempt Agreement were nondischargeable. Before the court was his Motion for Summary Judgment. Debtor did not file a response to the motion.
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Court
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In re Jenkins
Jan
02
2013
Ruling
Debtor awarded damages for former spouse's violation of injunction and stay by having debtor arrested for child support arrearage at § 341 hearing.
Procedural posture
A chapter 7 debtor filed a motion pursuant to 11 U.S.C.S. §§ 105(a) and 362(h) asking that a county and his former wife be held in civil contempt for violating both a prior order of the court granting an injunction restraining the county and the former wife from taking any action to enforce collection of pre-petition child support arrears and the automatic stay provisions.
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Court
:
- 11 U.S.C.
Beaulieu v. Ragos (In re Ragos)
Oct
29
2012
Ruling
Social Security income was properly excluded from projected disposable income calculation.
Procedural posture
Bankruptcy debtors voluntarily filed a joint chapter 13 bankruptcy petition. The chapter 13 trustee objected to confirmation of the debtors' plan because the debtors did not dedicate 100% of their social security income to the plan for payment to creditors. After a hearing, U. S. Bankruptcy Court for the Eastern District of Louisiana rejected the trustee's arguments. The trustee appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re McClendon
Sep
17
2012
Ruling
Confirmation denied where domestic support obligation payment exceeded scheduled plan payment.
Procedural posture
The ex-wife of a chapter 13 debtor filed a proof of claim for child support arrearages and then filed an objection to confirmation of the plan.
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Court
:
In re Sportsmans Link Inc.
Jul
17
2012
Ruling
Fees of firm that acted as counsel for debtor and special counsel for trustee reduced due to undisclosed relationships with creditors.
Procedural posture
United States Trustee filed a motion to impose a sanction for violation of Fed. R. Bankr. P. 2014 by a law firm, which acted as counsel for debtor while it was in chapter 11 bankruptcy and as special counsel for the chapter 7 trustee upon the debtor's conversion to chapter 7.
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Court
:
- 11 U.S.C.
Drake v. Sea Island Bank (In re Collins)
May
16
2012
Ruling
Preference proceeding in converted case dismissed pursuant to res judicata based on dismissal of debtor's avoidance proceeding while case was in chapter 11.
Procedural posture
Bank filed a motion to dismiss chapter 7 trustee's 11 U.S.C.S. § 547 preference action.
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Court
:
LSREF2 Baron LLC v. Alexander SRP Apts. LLC (In re Alexander SRP Apts. LLC)
Apr
21
2012
Ruling
Prepetition waiver of right to object to motion for relief from stay was enforceable.
Procedural posture
Movant, holder of a $17.3 million promissory note and deed on debtor's apartment complex, sought relief from the automatic stay under 11 U.S.C.S. § 362(d) in order to pursue foreclosure.
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Court
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