In re USA United Fleet Inc.
Apr
29
2013
Ruling
Purchase of debtor's assets was free and clear of successor liability for unemployment insurance experience rate.
Procedural posture
The purchaser of certain assets of chapter 7 debtors sought a determination that, under the sale order and 11 U.S.C.S. § 363(f), its purchase of the debtors' assets was free and clear of successor liability for the debtors' unemployment insurance experience rate.
ABI Membership is required to access the full summary of In re USA United Fleet Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
OConnell v. DeMartino (In re DeMartino)
Dec
26
2012
Ruling
Debtor's motion to reopen case on grounds of counsel's "excusable neglect" denied.
Procedural posture
Plaintiffs were the chapter 7 Trustee and an insurance company. Defendant was debtor. Debtor was denied a discharge pursuant to 11 U.S.C.S. § 727(a)(3), (a)(4)(A). Before the court was his motion for relief from the Order Denying Discharge pursuant to Fed. R. Civ. P. 60(b), made applicable by Fed. R. Bankr. P. 9024. In connection with the relief sought under Rule 60(b), debtor separately moved to reopen his chapter 7 bankruptcy case.
ABI Membership is required to access the full summary of OConnell v. DeMartino (In re DeMartino) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Moukazis
Oct
11
2012
Ruling
Debtor's attorney not entitled to flat fee in excess of local rate in unexceptional and uncomplicated case.
Procedural posture
A law firm filed a motion pursuant to 11 U.S.C.S. § 330(a)(4)(B) seeking approval of a $7,500 flat fee for its representation of debtors in their chapter 13 bankruptcy case. The Chapter 13 trustee objected to the flat fee.
ABI Membership is required to access the full summary of In re Moukazis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
OConnell v. DeMartino (In re DeMartino)
May
06
2011
Ruling
Discharge denied due to numerous falsehoods and nondisclosures.
Procedural posture
Before the court was a joint motion for summary judgment pursuant to Fed. R. Civ. P. 56, filed by co-plaintiffs, the chapter 7 Trustee and a creditor, on three of seven claims objecting to debtor's discharge contained in their amended complaint. The motion sought summary judgment denying discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B), (a)(3), (a)(4)(A). Debtor opposed the Motion and requested costs and attorney's fees.
ABI Membership is required to access the full summary of OConnell v. DeMartino (In re DeMartino) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Grow Up Japan Inc. v. Yoshida (In re Yoshida)
Aug
23
2010
Ruling
Debt was dischargeable where employment relationship between the debtor and the creditor, while creating a common law fiduciary relationship, did not involve an express, technical, or statutory trust.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a judgment debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) for fiduciary defalcation based on the judgment which found that the debtor breached fiduciary duties as the creditor's employee. The debtor moved to dismiss the complaint.
ABI Membership is required to access the full summary of Grow Up Japan Inc. v. Yoshida (In re Yoshida) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Adejobi
Apr
29
2009
Ruling
Creditor entitled to contract default rate of interest pursuant to underlying agreement.
Procedural posture
A chapter 13 debtor filed a motion to reduce a secured creditor's proof of claim for pre-petition arrears at a contractual default interest rate.
ABI Membership is required to access the full summary of In re Adejobi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Lowery
Dec
31
2008
Ruling
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
Procedural posture
Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
ABI Membership is required to access the full summary of In re Lowery Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Sudano Inc.
Jul
30
2008
Ruling
Son of corporate debtor's deceased principal lacked capacity to represent non-shareholder mother regarding trustee's alleged mismanagement of case.
Procedural posture
Over the objection of the controlling principal of corporate bankruptcy debtors, the debtors' apartment buildings were sold and the interests of shareholders were extinguished. The principal subsequently died and the son of the principal, on behalf of the surviving spouse of the principal, moved for an award of damages to the spouse alleging that the bankruptcy trustee failed to provide notice to the spouse and mismanaged the debtors' affairs.
ABI Membership is required to access the full summary of In re Sudano Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Crafts Retail Holding Corp.
Nov
16
2007
Ruling
Court approved financial advisor's request for fees of unapproved attorney denied.
Procedural posture
Debtors, a retail holding company and others, filed petitions under chapter 11 and requested permission to hire a financial advisor. The court approved the request and subsequently granted the advisor's application for payment of $150,000 for professional services and $4,577 for expenses. The advisor asked the court for reimbursement of an additional $35,000 in attorney fees it claimed it incurred.
ABI Membership is required to access the full summary of In re Crafts Retail Holding Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Uvaydov
Oct
17
2006
Ruling
Relief from stay granted to allow foreclosure due to debtor's failure to make postpetition mortgage payments.
Procedural posture
Chapter 13 creditor filed a motion pursuant to 11 U.S.C. § 362(d)(1) for relief from the automatic stay to proceed with a mortgage foreclosure on certain real property owned by debtor. Debtor opposed the motion and included in his opposition papers a request for a stay pending appeal under Fed. R. Bankr. P. 8005.
ABI Membership is required to access the full summary of In re Uvaydov Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: