In re Pruitt
Feb
24
2009
Ruling
Debtor could surrender "910 vehicle" in full satisfaction of claim.
Procedural posture
Debtor's chapter 13 Plan was before the court for confirmation. That plan proposed, inter alia, to surrender a certain motor vehicle to its purchase-money lender in full satisfaction of the claims of that lender. Due to this provision, debtor's plan was met with strenuous objection from the creditor. The resulting dispute raised legal issues precipitated by the so-called "hanging paragraph" of 11 U.S.C.S. § 1325(a).
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Court
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Peoples United Bank v. Lombardos Ravioli Kitchen Inc. (In re Lombardos Ravioli Kitchen Inc.)
Feb
20
2009
Ruling
Relief from stay to pursue replevin action denied where Small Business Association and state authority guarantees provided adequate protection.
Procedural posture
Debtor, a closely-held Connecticut corporation, filed a petition under chapter 11, and creditor bank filed a motion seeking relief from the automatic stay that was imposed under 11 U.S.C.S. § 362(a) so it could pursue a replevin action it filed in state court, or, in the alternative, protection payments on loans it made to the debtor. The committee of unsecured creditors and a secured creditor, opposed the motion.
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Court
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Arsenault v. Kissel (In re Arsenault)
Feb
02
2009
Ruling
Judgment lien avoided as impairing debtor's homestead exemption
Procedural posture
Pursuant to 11 U.S.C.S. § 522(f), chapter 7 debtors filed a motion to avoid a judgment lien held by a creditor on their residence as impairing their homestead exemption.
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Court
:
- 11 U.S.C.
In re Affinity Health Care Mgmt.
Jan
28
2009
Ruling
Procedure for monthly compensation of duly retained professionals denied.
Procedural posture
The debtors moved for an order establishing procedures for monthly compensation and reimbursement of expenses to professionals that were or were to become duly retained. The United States Trustee and a secured creditor objected to the motion.
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Court
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In re Young
Oct
21
2008
Ruling
Debtor could not redeem property that was subject of prepetition tax sale due to failure to act within six month deadline or 60-day extension period.
Procedural posture
A city objected to confirmation of a chapter 13 debtor's plan.
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Court
:
- 28 U.S.C.
In re Haven Eldercare LLC
Oct
17
2008
Ruling
Debtor-in-possession enders were not liable for quarterly chapter 11 fees where not provided for in financing order.
Procedural posture
The trustee filed a motion to compel the payment by chapter 11 debtors and certain of the debtors'lenders of quarterly fees pursuant to 28 U.S.C.S. § 1930(a)(6).
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Court
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In re Eldercare
Jul
04
2008
Ruling
Sale of debtor's nursing home assets and operations supported by sound business reasons approved.
Procedural posture
The debtors filed separate voluntary petitions for relief under chapter 11. The debtors sought to sell or otherwise transfer or transition a large portion of their nursing facility assets and business operations to the proposed transferees, and permit the State to establish receiverships for several additional nursing facilities. The committee of unsecured creditors filed a timely objection to the transfer motions.
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Court
:
- 11 U.S.C.
In re Criscuolo
Apr
18
2008
Ruling
Lien securing deficiency judgment arising from mortgage foreclosure was not avoidable.
Procedural posture
Debtors filed a joint voluntary petition under chapter 7 of the Bankruptcy Code on April 26, 2001, and they received a discharge on August 29, 2001. The court reopened the debtors' case on April 26, 2006, so that one of the debtors could file an action against a bank, seeking an order under 11 U.S.C.S. § 522(f) avoiding judgment liens the bank had placed on real property the debtor owned.
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Court
:
- 11 U.S.C.
In re Milford Conn. Assocs. LP
Mar
10
2008
Ruling
Reconfirmation of plan, original confirmation of which was vacated, denied due to failure to satisfy feasibility requirement.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a proposed plan of reorganization for confirmation.
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Court
:
- 11 U.S.C.
In re Haven Eldercare LLC
Feb
13
2008
Ruling
Approval of advance payment procedure for professional fees and expenses denied.
Procedural posture
Bankruptcy debtors in jointly administered cases moved pursuant to 11 U.S.C.S. § 331 for approval of a procedure under which professionals and others could be compensated from estate assets on a monthly basis prior to court approval of their fees and/or expenses.
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Court
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