- 11 U.S.C.
In re Raymond
Apr
12
2006
Ruling
Pro se debtor's case was dismissed since debtor's certification of exigent circumstances did not certify that debtor requested credit counseling services but was unable to receive them.
Procedural posture
Before the court in a chapter 7 matter was pro se debtor's certification of exigent circumstances.
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Brooks v. GMAC (In re Brooks)
Apr
10
2006
Ruling
Creditor did not violate automatic stay by refusing to release its lien on an automobile co - owned by debtor wife and the wife's father.
Procedural posture
Plaintiffs, debtors, filed a complaint against creditor alleging that the creditor violated the automatic stay of 11 U.S.C. § 362(a) and the co-debtor stay of 11 U.S.C. § 1301(a) by refusing to release its lien on an automobile co-owned by the debtor wife and her father.
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Court
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Brock v. Draper (In re Draper)
Apr
07
2006
Ruling
Trustee was allowed to avoid transfer of debtors'remainder property interest to daughter since badges of fraud under state fraud law were present.
Procedural posture
Plaintiff chapter 7 trustee sued defendant daughter, alleging that a transfer of the debtors'remainder interest in their home and real property for no consideration was a fraudulent conveyance. The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Larson
Apr
05
2006
Ruling
Court had to schedule evidentiary hearing to determine if a homestead cap involving a "criminal act"was applicable.
Procedural posture
Chapter 7 debtor filed for bankruptcy relief, claiming an exemption of $500,000 in a single family residence pursuant to Mass. Gen. Laws ch. 188, § 1A. Objector creditors and chapter 7 trustee objected to the state homestead exemption, alleging that the homestead claim had to be reduced based upon the newly enacted 11 U.S.C. § 522(q)(1)(B)(iv).
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Court
:
- 28 U.S.C.
Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley)
Mar
31
2006
Ruling
Court abstained from adjucating the matter and granted motion to remand the case to state court since the case involved intrastate commerce matters only.
Procedural posture
Plaintiff filed an action in state court against defendant company that was a "doing business as" of the debtor. The debtor removed the lawsuit to the court. The court granted plaintiff's emergency motion for a remand, and then granted the debtor's motion for reconsideration. Upon reconsideration, the court issued findings of fact and conclusions of law.
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Court
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Tradex Corp. v. Morse
Mar
31
2006
Ruling
Appointment of a trustee was affirmed since "cause" was established showing the need for such an appointment.
Procedural posture
The sole shareholder of appellant debtor in possession sought reversal, on behalf of the debtor, of a bankruptcy court's appointment of a trustee to take possession of the debtor as part of voluntary chapter 11 bankruptcy proceedings. The debtor objected to the motion to appoint a trustee, arguing that appellee trustee had not met her burden of establishing the need for such an appointment under 11 U.S.C. § 1104(a)(1) or (2).
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Court
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In re Blue Hill Sports Grille
Mar
24
2006
Ruling
Court granted a landlord relief from an automatic stay to permit reletting of the premises formerly rented by the debtor but did not grant relief as to the debtor's personalty.
Procedural posture
Movant, the debtor's former landlord, sought a dismissal of the bankruptcy proceeding initiated by the debtor. Alternatively, the landlord sought relief from the stay so that it could relet the debtor's former premises, sell the debtor's personalty at public auction, and transfer the debtor's liquor license.
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V2R LLC v. Special Situations Fund IV LLC (In re Schneider)
Mar
23
2006
Ruling
Debtor's motion to dismiss complaint was denied since nondischargeability claim was not barred by res judicata.
Procedural posture
Plaintiff creditors filed an action against defendant debtor alleging claims of fraud, breach of fiduciary duties, and embezzlement or larceny under 11 U.S.C. § 523(a)(2)(A) and (4). The debtor filed a motion to dismiss the complaint.
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Court
:
- 11 U.S.C.
In re OBrien
Mar
23
2006
Ruling
Court refrained from ruling on the requested relief from an automatic stay pending further hearing on whether the fee awards qualifed as domestic support obligations.
Procedural posture
Movants, the debtor's former wife and the debtor's former counsel, filed separate motions for relief from the stay imposed after the debtor filed for bankruptcy relief. The movants sought relief from the stay, pursuant to 11 U.S.C. § 362(b)(2)(B), to enforce fee awards that had been issued as part of post-divorce litigation in the state family court.
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Court
:
- FRBP
Nosek v. Ameriquest Mortg. Co. (In re Nosek)
Mar
21
2006
Ruling
Motion to amend the pleadings was again denied since the debtor failed to allege any newly discovered eveidence, any error of law, or any change in the law.
Procedural posture
Plaintiff debtor filed a motion pursuant to Fed. R. Civ. P. 59(c) and Fed R. Bankr. P. 9023 for reconsideration of the bankruptcy court's denial of her motion pursuant to Fed. R. Bankr. P. 7015(b) to amend the pleadings to conform to the evidence.
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Court
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