- 11 U.S.C.
Planavsky v. County of Broome (In re Planavsky)
Feb
17
2010
Ruling
Bankruptcy court lacked jurisdiction to determine state tax debt where debtor had not taken all necessary steps under state law.
Procedural posture
Plaintiff chapter 11 debtor filed an adversary proceeding against defendants, two counties, a city, and various towns, villages, and school districts, seeking a determination under 11 U.S.C.S. § 505 of the amount of real property taxes he owed. Several defendants filed motions to dismiss.
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Court
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In re Burkhart
Feb
09
2010
Ruling
Reasonable attorneys' fees but not punitive damages awarded for stay violation.
Procedural posture
In a previous order, the court found that a creditor willfully violated the automatic stay imposed by a debtor's chapter 13 bankruptcy proceeding. The court held an evidentiary hearing on the issue of whether the debtor was entitled to an award of actual and punitive damages pursuant to 11 U.S.C.S. § 362(k). On its own motion, the court considered the imposition of sanctions on the debtor's attorney for violation of a scheduling order.
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Court
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- 11 U.S.C.
Scheidelmann v. Henderson (In re Henderson)
Jan
27
2010
Ruling
Claims in nondischargeability proceeding dismissed as insufficiently pled except for claim based on fiduciary defalcation.
Procedural posture
Pro se plaintiffs, creditors who contracted with the debtor for home remodeling, commenced an adversary proceeding against the debtors, raising claims pursuant to 11 U.S.C.S. §§ 523(a)(4), (a)(6), and 727(a)(3), (4)(A), (4)(B), and (6)(A). The debtors moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Alternatively, the debtors moved for a more definite statement.
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Court
:
- 11 U.S.C.
In re Borchert
Jan
08
2010
Ruling
Debtor's Vioxx injury sufficiently incurred prepetition for class action proceeds to be property of the estate.
Procedural posture
Debtors' attorney filed a motion requesting a determination by the court that certain funds awarded in connection with the settlement of class action litigation were not property of the debtors' bankruptcy estate under 11 U.S.C.S. § 541.
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Court
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In re Quintana
Dec
15
2009
Ruling
Objection to proof of claim overruled where creditor held valid lien on debtor's residence.
Procedural posture
A chapter 13 debtor objected to a creditor's proof of claim. The creditor set forth in its objection to the confirmation of the debtor's plan its objection to the debtor's claim of a homestead objection pursuant to N.Y. C.P.L.R. 5206(a)(1).
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Court
:
In re MHS Mgmt. Group LLC
Oct
26
2009
Ruling
Relief from stay granted to allow foreclosure of property in which debtor lacked equity.
Procedural posture
Movant creditor brought a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2), or in the alternative, the appointment of a 11 U.S.C.S. § 1104 trustee and an order directing the debtor to make adequate protection payments. Respondent debtor filed an opposition.
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Court
:
In re Squires Motel LLC
Sep
17
2009
Ruling
Case dismissed for bad faith where foreclosed properties were transferred to "new debtor" just prior to petition date.
Procedural posture
Creditor filed a motion seeking dismissal of the chapter 11 case of debtor" pursuant to 11 U.S.C.S. § 1112(b), in the alternative, relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
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Court
:
In re Janice Banks
Sep
04
2009
Ruling
Case ordered converted or dismissed where above median debtor had made no non- bankruptcy efforts to remedy Small Business Association loan debt.
Procedural posture
In a chapter 7 bankruptcy case, the United States Trustee (UST) filed a motion to dismiss the petition as an abuse under 11 U.S.C.S. § 707(b).
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Court
:
Tate v. Bolen (In re Tate)
Jun
10
2009
Ruling
Dismissal reversed as debtor's expense deduction for vehicle owned free and clear should have been allowed.
Procedural posture
Debtors sought review of an order of the District Court for the Southern District of Mississippi, affirming a judgment of the bankruptcy court dismissing the debtors' chapter 7 case for abuse. Appellee trustee had challenged the vehicle ownership deduction under 11 U.S.C.S. § 707(b), the bankruptcy court granted the trustee's motion to dismiss the case.
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Court
:
Judge or Jurisdiction information not available
Si Restructuring Inc. v. Wooley
Aug
28
2008
Ruling
Authorization of disbursal of reserve fund to administrator's counsel reversed for determination of oversecured creditors' claims.
Procedural posture
Appellant creditors sought review of an order of the District Court for the Western District of Texas affirming a bankruptcy court order granting a motion by appellee plan administrator authorizing disbursal of a reserve fund, which had been established to pay additional secured claims of the creditors under 11 U.S.C.S. § 506(b).
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Court
:
Judge or Jurisdiction information not available