- 11 U.S.C.
Samaritan Alliance LLC v. Commonwealth of Kentucky (In re Samaritan Alliance LLC)
Mar
16
2009
Ruling
State agency actions to obtain Medicaid adjustment did not violate stay.
Procedural posture
Debtor filed an action against the Commonwealth of Kentucky, Cabinet for Health and Family Services and the Secretary, (the Cabinet), seeking to void actions that were taken by the Cabinet in alleged violation of the automatic stay. The debtor filed a motion for summary judgment and the Cabinet filed a cross motion for summary judgment.
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Court
:
- 11 U.S.C.
Frankenfield v. Kennedy (In re Kennedy)
Nov
20
2008
Ruling
Debtors' conveyance of property to third party after creditors advanced purchase money resulted in nondischargeable debt.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendants, debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Spalding v. Truman
Oct
14
2008
Ruling
Bankruptcy court properly required debtors to prorate qualified retirement deduction for repayment of 401(k) loan over full five year term of plan.
Procedural posture
Appellants sought review of an order of the Bankruptcy Court for the Northern District of Texas, Fort Worth Division, which denied confirmation of appellants' proposed Chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Black Diamond Mining Co. LLC
Sep
18
2008
Ruling
Proration rule appropriate for prepetition sublease obligations of involuntary debtor.
Procedural posture
After involuntary chapter 11 petitions were filed against debtors, sublessors sought an order compelling the debtors to timely perform all of their obligations under sublease agreements pursuant to 11 U.S.C.S. § 365(d)(3).
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Court
:
- 11 U.S.C.
Schlarman v. Chase Home Fin. LLC (In re Padgitt)
Sep
11
2008
Ruling
Trustee could avoid interest of debtor spouse in property where mortgage only covered one- half interest of debtor.
Procedural posture
Plaintiff trustee filed an action against defendant creditor alleging that the trustee could avoid a mortgage held by the creditor on the debtors' home, pursuant to the provisions of 11 U.S.C.S. § 544. The parties filed cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Emery
May
16
2008
Ruling
Plan requirement that creditor mortgagee apply payments as though loan were current did not violate anti-modification provisions.
Procedural posture
The chapter 13 matter was before the court on a creditor's objection to confirmation of debtor's amended chapter 13 plan. Specifically, the creditor objected to a special provision included in the plan which would have required that the creditor deem debtor's mortgage as current upon confirmation, and apply subsequent payments accordingly.
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Court
:
- 11 U.S.C.
In re Brewster
Apr
07
2008
Ruling
Court could not extend stay where debtor's motion was not filed within 30 days of petition date.
Procedural posture
The debtor filed a motion for an extension of the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
Burden v. Branch Banking & Trust Co. (In re Potter)
Mar
05
2008
Ruling
Improperly recorded mortgage avoided as not providing notice to trustee as bona fide purchaser.
Procedural posture
Defendant debtors filed for relief under chapter 13 of the Bankruptcy Code. Plaintiff trustee filed an adversary proceeding to avoid a mortgage lien held by defendant creditor, pursuant to 11 U.S.C.S. § 544(a). The trustee and the creditor filed motions for summary judgment.
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Court
:
In re Triton Enters.
Mar
03
2008
Ruling
Objection to trustee's counsel's fees overruled where services performed were reasonably likely to benefit estate.
Procedural posture
The creditors objected to a trustee's second application for compensation and reimbursement for expenses for work performed by the trustee's counsel in the main bankruptcy case, the adversary proceedings, and the fee application preparation, pursuant to 11 U.S.C.S. §§ 330(a) and 503(b).
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Court
:
Lynch v. Parrish
Feb
14
2008
Ruling
Bankruptcy court properly denied administrator's motion for abuse dismissal where debtor's means test calculation was proper.
Procedural posture
Appellant, a bankruptcy administrator, sought review of a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied the administrator's motion to dismiss the petition filed by appellee debtor. The administrator contended that dismissal was warranted under the means test of 11 U.S.C.S. § 707(b).
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Court
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