In re Pittsfield Weaving Co.
Nov
27
2006
Ruling
Debtor allowed to retain counsel whose disinterested status was in question but who waived retainer.
Procedural posture
A debtor filed an application for authority to retain certain counsel. The U.S. trustee objected to the application, alleging that counsel was not disinterested under 11 U.S.C. § 327(a) and might represent an adverse interest to the debtor.
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Court
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In re Lyons
Nov
22
2006
Ruling
Judicial lien fully impairing debtor's state exemption in homestead equity could be avoided.
Procedural posture
A chapter 7 debtor filed a motion seeking to avoid a creditor's judicial lien on his personal residence pursuant to 11 U.S.C. § 522(f). The creditor opposed the motion.
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Court
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In re Brown
Nov
20
2006
Ruling
Capital gains taxes owed on sale of property were sole responsibility of debtor and not the estate.
Procedural posture
Bankruptcy debtor filed a voluntary chapter 13 petition. The debtor filed a motion for order directing trustee to reserve fund pursuant to 11 U.S.C. § 105(a), in which the debtor sought to have the chapter 13 estate pay capital gains taxes triggered by the postpetition sale of the debtor's interest in rental property. The chapter 13 trustee and a creditor objected to some or all of the motion.
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Court
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- 11 U.S.C.
Baker v. Somerville Mun. Fed. Credit Union (In re Baker)
Nov
20
2006
Ruling
Collection notices sent by creditor with actual notice were presumptively deliberate violations of stay.
Procedural posture
Plaintiff debtor brought a complaint against defendant lender alleging violation of the automatic stay, 11 U.S.C. § 362, the discharge injunction pursuant to 11 U.S.C. §§ 524 and 105. The matter came before the court for hearing on cross motions for summary judgment.
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Court
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In re Tinker
Nov
13
2006
Ruling
Secured creditors were not required to object to claimed homestead exemption until debtor challenged lien.
Procedural posture
Debtor moved to avoid the judicial liens of two creditors pursuant to 11 U.S.C. § 522(f) because the liens purportedly impaired his homestead exemption. The creditors challenged the validity of the debtor's claimed homestead exemption. Debtor argued that the creditors'failure to object to the claimed homestead exemption before the expiration of the 30 day deadline imposed by Fed. R. Bankr. P. 4003(b) precluded their challenge.
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Court
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Riley v. Tougas (In re Tougas)
Nov
09
2006
Ruling
Denial of discharge not warranted where unproduced bank records could have been obtained via a 2004 examination and debtor had mitigating circumstances including illness.
Procedural posture
Chapter 7 trustee sought denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(3) and (a)(6) for debtor's alleged refusal and failure to produce certain documents and for her alleged unjustifiable failure to keep or maintain records from which her financial transactions could be ascertained.
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Court
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Moldo v. Albers (In re Sheridan)
Nov
09
2006
Ruling
Abandonment of debtor's interest in company was revoked upon reopening of case.
Procedural posture
Defendant filed a motion to dismiss claims brought by chapter 7 trustee, which sought declaratory relief, sought to enjoin defendant from taking any actions on behalf of a company of which debtor was the president, alleged a violation of the discharge injunction pursuant to 11 U.S.C. § 524(a)(2), sought an order that defendant turn over debtor's shares in the company, and sought sanctions against defendant.
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Court
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- 11 U.S.C.
1500 Mineral Springs Assocs. LP v. Gencarelli
Nov
08
2006
Ruling
Case remanded for review of debtor's level of financial distress and reconsideration of cap on creditors'claims.
Procedural posture
Appellant creditors sought review of three orders issued by a U.S. Bankruptcy Court, which: (1) denied their motion to dismiss appellee debtor's individual chapter 11 petition for lack of good faith; (2) limited the creditors'claims against a corporate debtor for past and future rent to the amount provided by 11 U.S.C. § 502(b)(6); and (3) authorized an interim distribution to the individual debtor. The issues were consolidated for review.
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Court
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UPS Capital Bus. Credit v. Gencarelli
Nov
03
2006
Ruling
Claimed prepayment penalties on commercial loans properly denied as unreasonable.
Procedural posture
Appellant creditor appealed from an order of the bankruptcy court denying its claim for prepayment penalties on two commercial loans that appellant made to appellee debtor. The question presented was whether the bankruptcy court correctly determined that the prepayment penalties were not reasonable fees, costs, or charges within the meaning of 11 U.S.C. § 506(b).
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Court
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- 11 U.S.C.
Nash v. Hall
Nov
03
2006
Ruling
Motion for stay granted in no-asset case.
Procedural posture
Plaintiff filed an action against defendant and defendant sought to stay the lawsuit because of a bankruptcy proceeding pursuant to 11 U.S.C. § 362. Defendant also filed a motion to transfer and a motion in limine to preclude plaintiff's witness from testifying at trial.
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Court
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