- 11 U.S.C.
Georgia Heritage Assocs. LP v. Westfields Apts. LLC (In re Westfields Apts. LLC)
Apr
27
2010
Ruling
Confirmation denied where plan proposed assumption of contract for sale of apartment building that debtor had allowed to terminate.
Procedural posture
Debtor in possession sought to confirm its chapter 11 plan. Creditor, a party with whom the debtor had contracted for the sale of an apartment building, filed an objection to the plan.
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Court
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- 11 U.S.C.
Branch Banking & Trust Co. v. Coffia (In re Coffia)
Mar
23
2010
Ruling
Plan confirmed over creditor's objection with regard to ability to pursue deficiency.
Procedural posture
A creditor filed an objection to confirmation of the chapter 13 debtors' plan on the grounds that it provided for the surrender of real property in full satisfaction of the creditor's secured claim under 11 U.S.C.S. § 1325(a)(5)(C) without providing the creditor recourse to pursue any deficiency.
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Court
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- 11 U.S.C.
Baxter v. Turner (In re Turner)
Mar
17
2010
Ruling
Confirmation denied where above median debtors' plan proposed term of less than 60 months.
Procedural posture
Bankruptcy debtors were above-median-income debtors with negative disposable income and the debtors proposed a plan which provided for monthly payments for the benefit of unsecured creditors for a period of three years. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the applicable commitment period under 11 U.S.C.S. § 1325(b)(1)(B) was at least five years.
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In re Wesseldine
Mar
08
2010
Ruling
Debtors' attorneys not entitled to fees in excess of initial flat fee.
Procedural posture
In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
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Court
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- 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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Seraphin v. Morris Publishing Group LLC (In re Morris Publishing Group LLC)
Feb
10
2010
Ruling
Activist subscribers' "motion to intervene" in debtor newspaper operator's case treated as objection to confirmation as they were not parties in interest and lacked both a direct relationship with debtor and standing.
Procedural posture
In chapter 11 debtors' consolidated bankruptcy case, movant activists filed a motion to intervene that was taken as an objection to confirmation of the chapter 11 plan.
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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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First Franklin Fin. v. Yawn (In re Yawn)
Feb
05
2010
Ruling
Liens against personal property avoided as impairing exemption to the extent the items were "household goods" under state law.
Procedural posture
Plaintiff creditor filed an objection to confirmation of defendant chapter 13 debtor's plan. The creditor objected to the debtor's stated intention to utilize 11 U.S.C.S. § 522(f) to avoid the creditor's lien against certain items of property that the debtor claimed as exempt under O.C.G.A. § 44-13-100(a)(4).
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Court
:
- 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.
GD Deal Holdings LLC v. Sharma (In re Sharma)
Jan
15
2010
Ruling
Chapter 7 debtor required to reaffirm debt in order to retain secured real property.
Procedural posture
Before the court was the motion for relief from stay filed by a bank seeking stay relief based upon debtor's stated intent to retain the bank's collateral without entering into a reaffirmation agreement.
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Court
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