- 11 U.S.C.
Kibbe v. Sumski (In re Kibbe)
Feb
20
2007
Ruling
Bankruptcy court properly calculated "projected disposable income" in rejecting debtor's plan.
Procedural posture
Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire denying confirmation of her chapter 13 plan. Appellee was the chapter 13 trustee.
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- 11 U.S.C.
In re Creighton
Feb
16
2007
Ruling
Debtor's agreement with creditor to assume prepetition motor vehicle lease was not enforceable due to lack of reaffirmation agreement.
Procedural posture
A bankruptcy debtor and a creditor stipulated that the debtor would assume prepetition vehicle lease agreements under 11 U.S.C. § 365(p)(2) and waive any effect of a bankruptcy discharge. The creditor moved for reconsideration of the bankruptcy court's orders that the debtor would not be deemed to assume the agreements in the absence of reaffirmation agreements under 11 U.S.C. § 524(c).
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Court
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- 11 U.S.C.
In re Ground Round Inc.
Feb
13
2007
Ruling
Bankruptcy court lacked authority to enforce alleged injunction that was not expressly set forth in plan or settlement with creditor.
Procedural posture
Movant, a liquidating agent for the debtors, requested the entry of an order, pursuant to the court's authority under 11 U.S.C. § 105, enforcing an asserted injunction set forth in the debtors'joint liquidating plan of reorganization against respondent state taxing authorities, which were attempting to collect taxes from former officers or directors of the debtors. The taxing authorities filed oppositions to the motion.
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Court
:
- 11 U.S.C.
In re Brown
Feb
13
2007
Ruling
Creditor granted administrative expense for counsel fees due to actions to preserve estate.
Procedural posture
The creditor's counsel objected to the chapter 13 trustee's report and filed a motion for the allowance of an administrative expense for professional services rendered, pursuant to 11 U.S.C. § 503(b)(1)(A).
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Court
:
- 11 U.S.C.
In re Harwick
Feb
12
2007
Ruling
Means test for above median debtors is to be applied to circumstances on petition date and not to possible postpetition developments.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
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Court
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AmericCERT Inc. v. Straight Through Processing Inc. (In re AmeriCERT Inc.)
Jan
31
2007
Ruling
Case dismissed for bad faith where debtor had no employees or cash flow and was not transacting business.
Procedural posture
Defendant creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 1112(b), plaintiff debtor's chapter 11 bankruptcy case and a motion to dismiss the debtor's adversary proceeding, which sought turnover of computer equipment and alleged that the corporation violated the automatic stay by its continued possession and use of the equipment, threats, and continuation of a district court proceeding.
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Court
:
- 11 U.S.C.
Moran v. Wunderlich (In re Wunderlich)
Jan
26
2007
Ruling
Attorney debtor denied discharge due to concealment of second mortgage granted in violation of legal malpractice settlement.
Procedural posture
In defendant debtor's bankruptcy action, plaintiff creditor filed a motion for summary judgment on its claim that sought on denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A) (Count I), (a)(3) (Count III) and (a)(5) (Count VI). The debtor filed an objection.
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Court
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In re Perfetto
Jan
19
2007
Ruling
Filing of Form B22A required in cases converted from chapter 13 to chapter 7.
Procedural posture
The debtor converted her chapter 13 case to one under chapter 7 and the court issued and order requiring her to file Official Bankr. Form B22A following the conversion. The debtor filed an objection. The issue was whether 11 U.S.C. § 707(b) required the means test form, Official Bankr. Form B22A, to be filed in cases voluntarily converted from chapter 13 to chapter 7.
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Court
:
Michaud v. Alblitt & Carulo PC (In re Michaud)
Jan
16
2007
Ruling
Post-confirmation postponement of foreclosure sale while debtor's plan payments were current and no motion for relief from stay was pending violated stay.
Procedural posture
Plaintiff debtor filed a complaint against defendant, agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
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Court
:
Ostrander v. Gardner (In re Milivision Inc.)
Jan
16
2007
Ruling
Creditor's postpetition recording of financing statement did not relate back to date of loan.
Procedural posture
Appellant lenders made a loan to debtor. The next day, debtor's creditors filed an involuntary chapter 11 petition. Unaware of the bankruptcy petition, appellants did not record a financing statement relating to their loan until five days after the loan was made. The bankruptcy court permitted the trustee to invoke 11 U.S.C. § 547, the "strong-arm" provision, to avoid appellants'interest in debtor's assets. They appealed.
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