- 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
:
- FRBP
In re Graham Bros. Constr. Inc.
May
16
2011
Ruling
Late filed proof of claim disallowed where creditor intentionally had sought to avoid jurisdiction of bankruptcy court.
Procedural posture
A claimant of Chapter 11 debtor filed a motion to allow a late claim.
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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
:
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
:
- 11 U.S.C.
Adams v. Volpitto (In re Volpitto)
Mar
22
2011
Ruling
Debtor employer's failure to make discretionary contributions to profit sharing plan did not result in nondischargeable debt.
Procedural posture
Former employees brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the employees for the debtor's failure to make employer contributions to a retirement plan was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's breach of fiduciary duty as the plan trustee.
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Court
:
In re Joest
Mar
17
2011
Ruling
Above-median debtor could claim ownership costs for two vehicles.
Procedural posture
An above-median income debtor filed a petition under chapter 13 and proposed a plan for repaying her creditors. The chapter 13 trustee filed an objection to confirmation of the debtor's plan, pursuant to 11 U.S.C.S. § 1325(b)(1)(B), claiming that it was neither reasonable nor necessary for the debtor, who was single, to claim ownership costs for two vehicles under 11 U.S.C.S. § 1325(b)(3).
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Court
:
Arch Ins. Co. v. Spivey (In re Spivey)
Dec
17
2010
Ruling
Involuntary petition was proper where debtor failed to make payment on 90 percent of total debt held by petitioning creditors.
Procedural posture
Creditors sought entry of an order for relief under chapter 7 against the involuntary debtor. The involuntary debtor denied there were grounds for relief under 11 U.S.C.S. § 303(h), moved that the petition be dismissed.
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Court
:
- 28 U.S.C.
In re Young
Dec
10
2010
Ruling
Wavier of fees denied to debtor who was below income requirement but was able to pay in installments.
Procedural posture
A debtor filed an application for waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1). During a hearing, the chapter 7 trustee orally objected to the application on the basis of a $ 2,000 bank account balance that the debtor listed in her application and claimed as exempt on her Schedule C.
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Court
: