- 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
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- 28 U.S.C.
Rayonier Wood Prods. LLC v. ScanWare Inc.
Nov
30
2009
Ruling
Bankruptcy court properly remanded breach of contract action.
Procedural posture
Appellee wood product company sought damages for breach of contract against appellees, debtor and one of its minority owners, in state court. Debtor subsequently petitioned for bankruptcy in Oregon, the owner then removed the state court action to bankruptcy court in Georgia, and the company moved that court to remand and/or abstain. The Georgia bankruptcy court granted the company's motion and the owner appealed that decision.
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Court
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Arizona Fed. Credit Union v. DeSalvo (In re DeSalvo)
Nov
16
2009
Ruling
Relief from stay could not be granted until court determined if creditor had a purchase money security interest of if stay had already terminated.
Procedural posture
This matter came before the court on movant creditor's Motion for Relief from Automatic Stay. The creditor sought relief from stay as to a vehicle in respondent debtors' possession. The Chapter 7 trustee was also a respondent.
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Court
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- 28 U.S.C.
Smith v. Regions Bank
Nov
06
2009
Ruling
Motion to withdraw reference of core proceeding denied in interests of uniformity and judicial economy.
Procedural posture
Plaintiffs, debtors, filed a motion to reconsider the bankruptcy court's decision granting defendants, bank and the mortgage company, stay relief, and to impose an injunction or restraining order to prevent the bank and the mortgage company from selling the property. As such, the court treated the debtors' filing as a request to withdraw the reference to the bankruptcy court and as a request for injunctive relief.
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Court
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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
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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
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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
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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
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Judge or Jurisdiction information not available
- 11 U.S.C.
Squire v. D.B. Zwiru Special Opportunities Fund FP
Mar
31
2009
Ruling
Debtor did not have standing to pursue counterclaims in adversary proceeding that properly belonged to trustee.
Procedural posture
Debtor sought review of an order of the Bankruptcy Court of the Southern District of Ohio, which dismissed, for lack of standing, his counterclaim against appellee creditor for breach of the implied covenant of good faith and fair dealing and violations of the Racketeer Influenced and Corrupt Organization Act (RICO).
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Court
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