- 11 U.S.C.
In re Snyder
Apr
02
2012
Ruling
Confirmation denied as debtor could not surrender one parcel of real property and cram down claim secured by others.
Procedural posture
This matter came before the court for an evidentiary hearing on the confirmation of debtors' amended chapter 13 plan, which drew a creditor's objection.
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Court
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In re Gillikin
Mar
03
2012
Ruling
Contract rate of interest rather than adjusted prime was proper for creditor's claim based on terms of promissory note.
Procedural posture
A bankruptcy debtor proposed a disclosure statement regarding the debtor's proposed plan which provided for interest on a creditor's over-secured claim based on the prime rate plus risk adjustments. The creditor objected to the disclosure statement and asserted that the creditor was entitled to the higher contract rate of interest set out in promissory notes.
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Court
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In re Juliano
Mar
02
2012
Ruling
Damages awarded for creditor's violation of stay by withdrawing installment payments from debtor's account.
Procedural posture
The chapter 13 debtors filed a motion for sanctions and attorneys' fees pursuant to 11 U.S.C.S. § 362(k) for a creditor's alleged willful violation of the automatic stay. The creditor was properly served with the motion. An order granting a motion on default was issued.
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Court
:
- 11 U.S.C.
Onteroa Assocs. v. Village of Fleischmanns (In re Onteora Assocs.)
Aug
11
2011
Ruling
Tax foreclosure in which village obtained title postpetition was not avoidable.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant village alleging that a pre-petition in rem tax foreclosure proceeding by the village against the debtor's property was avoidable as a fraudulent transfer under 11 U.S.C.S. § 548 based on the village providing less than reasonably equivalent value for the property. The debtor moved for summary judgment.
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Court
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In re Summer
Jun
10
2011
Ruling
Dismissal for abuse denied where totality of circumstances showed inability to repay debt.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the Chapter 7 debtors' case for abuse pursuant to 11 U.S.C.S. § 707(b).
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Court
:
- 11 U.S.C.
Coleman v. American Concrete Inc. (In re Sportsmans Link Inc.)
May
24
2011
Ruling
Transfers could not be avoided where balance sheet and schedules showed debtor was solvent on petition date.
Procedural posture
Plaintiff, the Chapter 7 trustee, sought recovery of various pre-petition transfers made by the debtor to defendant transferees, alleging that they were either preferential or fraudulent under 11 U.S.C.S. §§ 547 and 548. The threshold issue was whether the debtor was insolvent at the time of the transfers, or became insolvent as a result of any of the transfers.
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Court
:
- 11 U.S.C.
In re Eaton
Apr
05
2011
Ruling
Above-median debtors' 47-month plan rejected as 60-month period was required.
Procedural posture
Debtors filed a joint petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors that required them to make payments of $500 per month to the Chapter 13 trustee for 47 months and paid their unsecured creditors one percent of what they were owed. The Chapter 13 trustee filed an objection under 11 U.S.C.S. § 1325(b)(1)(B) to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
Community West Bank v. HSD Partners LLC (In re HSD Partners LLC)
Apr
01
2011
Ruling
Creditor not entitled to relief from stay to proceed against property that was necessary to debtor's reorganization.
Procedural posture
In debtor's chapter 11 case, creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362, after preliminary hearings were conducted, a trial of all issues was held.
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Court
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In re Eaton
Mar
31
2011
Ruling
Confirmation of above-median debtors' plan denied due to failure to commit to five-year term.
Procedural posture
Debtors proposed a chapter 13 plan which provided for payments for slightly less than four years with a minimal distribution to unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the applicable commitment period for the debtors' plan under 11 U.S.C.S. § 1325(b) was five years.
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Court
:
- 11 U.S.C.
AgSouth Farm Credit v. Del-A-Rae Inc. (In re Del-A-Rae Inc.)
Mar
29
2011
Ruling
Relief from stay granted where debtor lacked equity in property despite potential cushion in event of market rebound.
Procedural posture
A creditor holding a lien on certain real estate belonging to a chapter 11 debtor, sought relief from stay per 11 U.S.C.S. § 362 as to that property on claims that debtor lacked any equity therein and that it was not necessary to an effective reorganization. Debtor challenged the valuation assigned by movant and sought to retain the property.
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Court
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