- FRBP
SE Techs. Inc. v. Summit Elec. Supply Inc. (In re SE Techs. Inc.)
Jun
21
2012
Ruling
Amended settlement of avoidance proceeding giving defendant administrative expense claim rather than malpractice claims assignment approved.
Procedural posture
Debtor, while a debtor in possession, commenced an avoidance action against defendant. A chapter 7 trustee moved to approve an amended settlement agreement between the debtor and defendant.
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Court
:
- 11 U.S.C.
In re OBrien
Dec
24
2011
Ruling
Debtor authorized to use cash collateral to continue operation of business.
Procedural posture
A chapter 11 debtor sought an order authorizing him to use collateral and cash collateral and granting adequate protection to creditors.
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Court
:
- 11 U.S.C.
In re Kochman
Nov
03
2011
Ruling
Debtors could not claim homestead exemption in building to which title was held by their LLC.
Procedural posture
The chapter 7 trustee objected to the homestead exemption claimed by the debtors under Conn. Gen. Stat. § 52-352b(t) (2009).
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Court
:
- 11 U.S.C.
In re 177 Weston Rd. LLC
Jul
22
2011
Ruling
Transfer of property held by several family members to debtor LLC just prior to petition date was not fraudulent and not grounds for relief from stay.
Procedural posture
A creditor asserted that a bankruptcy debtor, a limited liability company, was created and filed for bankruptcy as a scheme to hinder, delay or defraud the creditor by preventing the creditor from foreclosing against the debtor's real property. The creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(4).
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Court
:
Lerner v. Lerner (In re Lerner)
May
12
2011
Ruling
Objection to discharge did not relate back to nondischargeability proceeding and was dismissed as time barred.
Procedural posture
In a bankruptcy case, plaintiff wife filed an amended complaint objecting to defendant debtor's discharge based upon 11 U.S.C.S. § 727(a). The debtor filed a motion to dismiss.
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Court
:
In re Gould
Sep
30
2010
Ruling
Payment of outstanding quarterly fees is not prerequisite to closing of fully administered case.
Procedural posture
Debtor filed a motion for a final decree to which the U.S. Trustee (UST) objected.
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Court
:
In re SageCrest II LLC
May
18
2010
Ruling
Settlement incorporating management transfer approved over objections of holders of small unsecured claims.
Procedural posture
After debtor hedge funds entered into a settlement with certain management entities, with their principals and with other stakeholders including investors, a Fed. R. Bankr. P. 9019(a) motion for approval of the settlement was filed. Objectors, the holders of relatively small unsecured claims, sought to block approval of the proposed settlement and the appointment of an interim manager, also proposed to the court, on various grounds.
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Court
:
In re Belak
May
06
2010
Ruling
"Collateral agreement" did not create avoidable lien but rather effected a conveyance of title.
Procedural posture
A chapter 7 debtor filed a motion to avoid a lien on household furnishings and goods (the property) pursuant to 11 U.S.C.S. § 522(f). A creditor objected, claiming that he held title to the property.
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Court
:
- 11 U.S.C.
In re McHenry
Apr
19
2010
Ruling
Prejudgment attachment created by stipulation was a judgment lien that could be avoided as impairing debtor's homestead exemption.
Procedural posture
A chapter 7 debtor sought to avoid a creditor's lien on her real property pursuant to 11 U.S.C.S. § 522(f)(1) on the grounds that it was a judicial lien that impaired her homestead exemption. The creditor objected on the basis that its lien was consensual and could not be avoided.
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Court
:
- 11 U.S.C.
DeBrizzi v. Dwyer (In re Dwyer)
Jan
29
2010
Ruling
Loan debt was dischargeable absent evidence that debtor had made false representations.
Procedural posture
Plaintiff creditor filed an adversary proceeding for a determination under 11 U.S.C.S. § 523(a)(2)(A) that a $100,000 debt secured by a promissory note owed to her by defendant, a chapter 7 debtor, was nondischargeable. Debtor did not deny having executed the note nor that it had not been repaid in full.
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Court
: