In re Reliable Medical Equip.
Jan
04
2010
Ruling
Case denied to lack of reasonable likelihood of rehabilitation, failure to comply with court orders and failure to file monthly report or complete disclosure statements.
Procedural posture
This case was before the court upon debtor's request for approval of a disclosure statement dated May 11, 2009. Also pending resolution was a creditor's motion to dismiss under 11 U.S.C.S. § 1112(b)(2), (3), (4), for failure to obtain approval of the disclosure statement and confirmation of a plan within a reasonable period.
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Court
:
- 11 U.S.C.
In re Gray
Nov
24
2009
Ruling
Confirmation denied due to insufficient information regarding interest rate, failure to pay both principal and interest and improper balloon payment.
Procedural posture
Debtors moved to confirm their amended chapter 13 plan. The amended plan modified the rights of secured creditor pursuant to 11 U.S.C.S. § 1322(b)(2). The creditor had previously objected to the debtors' initial proposed plan, but before the objection was resolved, the debtors filed the amended plan. The issue was whether the interaction of 11 U.S.C.S. §§ 1322(b)(2), 1322(b)(5), 1322(c)(2), 1322(e) and 1325(a)(5) allowed the modification.
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Court
:
- 11 U.S.C.
Tosado v. Banco Popular de P.R. (In re Rios)
Nov
20
2009
Ruling
Unrecorded mortgage liens fell within perfection of property interest exception to stay.
Procedural posture
Debtors brought an adversary proceeding pursuant to 11 U.S.C.S. §§ 544(a), 547(b), 549. The proceeding was before the court upon debtors' motion for summary judgment. Creditor filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Vigo
Nov
16
2009
Ruling
Claim for postpetition commercial rent pursuant to lease deemed rejected 120 days after petition date was a general unsecured claim.
Procedural posture
Creditor landlord filed a motion requesting that postpetition commercial rent for the chapter 7 debtors' commercial space be classified as an administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(1)(A). The debtors argued that the claim was a general unsecured claim since the rental payments did not benefit the estate.
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Court
:
- 11 U.S.C.
In re Rios
Sep
21
2009
Ruling
Debtor-in-possession entitled to actual damages for creditor's willful violation of stay.
Procedural posture
Debtor in Possession filed a motion requesting that a creditor be held in contempt for wilfully violating the automatic stay pursuant to 11 U.S.C.S. § 362(a)(3) and for failing to abide by this court's orders regarding the turnover of certain estate property.
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Court
:
- 11 U.S.C.
United States v. Cushing (In re Cushing)
Feb
26
2009
Ruling
Debtor's failure to file tax return by first day of 341 meeting was grounds for dismissal.
Procedural posture
Appellant United States, on behalf of the Internal Revenue Service (IRS), sought review of a decision of the United States Bankruptcy Court for the District of Massachusetts, which denied the government's motion for dismissal or conversion of appellee debtor's case, filed under chapter 13. The government claimed that the debtor violated 11 U.S.C.S. § 1398 because she failed to filed a tax return as required under 11 U.S.C.S. § 1308.
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Court
:
Judge or Jurisdiction information not available
Latin Am. Roller Co. v. Cooperative de Seguros Multiples de Puerto Rico (In re Latin Am. Roller Co.)
Jan
22
2009
Ruling
Court withdrew reference of debtor's contested action for breach of insurance contract.
Procedural posture
Chapter 11 debtor sued defendant insurer, seeking the turnover of insurance payments pursuant to 11 U.S.C.S. § 542(b), alleging, inter alia, breach of the insurance contract. After a status conference, the bankruptcy court directed the parties to brief the issue of whether the claims for relief in the debtor's amended complaint were core or non-core matters for purposes of jurisdiction.
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Court
:
- 11 U.S.C.
Smith v. Pritchett (In re Smith)
Dec
29
2008
Ruling
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
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Court
:
Judge or Jurisdiction information not available
Rentas v. Banco Bilbao Vizcaya Argentaria PR (In re Velazquez)
Oct
24
2008
Ruling
Attachment of funds by bank within 90 days of petition date was avoidable.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an action to avoid a preferential transfer pursuant to 11 U.S.C.S. § 547(b) against defendant bank, asserting that the debtor's estate owned the proceeds from the sale of certain real property that were deposited by the debtor into a corporation's account, and then were attached by the bank. The bank claimed that the attached funds did not belong to debtor; the trustee claimed that they did.
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Court
:
Stornawayne Fin. Corp. v. Hill (In re Hill)
May
07
2008
Ruling
Bankruptcy court erroneously sustained objection to homestead exemption in property "recovered" prepetition by creditor.
Procedural posture
Chapter 7 debtor challenged two orders of the Bankruptcy Court for the District of Massachusetts, one sustaining the objection of appellee creditor to his claim of a homestead exemption under 11 U.S.C.S. § 522(g), the other denying his discharge under 11 U.S.C.S. § 727(a)(2) and § 727(a)(4)(A).
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Court
:
Judge or Jurisdiction information not available