- 11 U.S.C.
In re Crown Ohio Invs. LLC
Mar
12
2010
Ruling
Relief from stay granted conditioned upon debtor's default under interest payment agreement.
Procedural posture
Movant, a creditor mortgagee, filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d). The respondent, a single-asset real estate chapter 11 debtor, filed an opposition to the motion. However, the parties stipulated to a monthly interest payment pursuant to 11 U.S.C.S. § 362(d)(3)(B)(ii) of $ 9,474.95.
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Court
:
- 11 U.S.C.
In re Ishaky
Mar
11
2010
Ruling
Involuntary petition dismissed due to bona fide disputes and failure to establish debts were not paid as they became due.
Procedural posture
Pursuant to 11 U.S.C.S. § 303, petitioner creditors filed an involuntary petition under chapter 7 of the Bankruptcy Code against alleged debtors, including a property manager.
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Court
:
- 11 U.S.C.
In re Williams
Jan
27
2010
Ruling
Stay annulled and foreclosure sale held on petition date validated due to debtor's bad faith filing.
Procedural posture
A foreclosure sale of a bankruptcy debtor's property was held on the same day the debtor filed her bankruptcy petition, and the successful bidder at the sale was unable to show that sale took place before the petition was filed. The bidder moved to lift the automatic bankruptcy stay and validate the sale based on the finding that the debtor was ineligible to be a bankruptcy debtor.
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Court
:
- 11 U.S.C.
In re Acevedo
Jan
26
2010
Ruling
Fees of special personal injury counsel awarded in reduced amount due to deficiencies in post-settlement services.
Procedural posture
Chapter 7 Trustee moved for an order fixing the compensation of special personal injury counsel.
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Court
:
- 11 U.S.C.
In re Aponte
Jan
25
2010
Ruling
Special personal injury counsel's fees denied due to failure to seek approval of representation or to consult with trustee and court on settlement.
Procedural posture
A bankruptcy debtor commenced a personal injury action represented by proposed special counsel, and the bankruptcy court compelled the debtor to turn over the proceeds of a settlement in the action. Proposed special counsel applied for compensation pursuant to 11 U.S.C.S. § 330 and the U.S. Trustee objected to the application.
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Court
:
- 11 U.S.C.
In re Vela
Sep
03
2009
Ruling
Judge's memorandum decision violated stay so that subsequent judgment and sale were void.
Procedural posture
This matter was before the court on the Application of movant, the successful bidder (the bidder) at a foreclosure auction sale of debtor's real property held on June 19, 2009. In substance, the bidder sought an order which would have ratified the auction sale and the events from February 20, 2009 onward which preceded it.
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Court
:
- 11 U.S.C.
In re Bownetree LLC
Aug
27
2009
Ruling
Debtor's attorneys' fees allowed subject to 50 percent reduction of certain block billing.
Procedural posture
After a bankruptcy debtor's reorganization plan was confirmed, counsel for the debtor applied for compensation and reimbursement of expenses.
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Court
:
In re Parkin
Feb
20
2009
Ruling
Relief from stay to complete eviction granted due to debtor's bad faith.
Procedural posture
Creditor, the debtor's landlord, applied for the issuance of an order to show cause vacating the automatic stay, pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2), and imposing sanctions upon the debtor, pertaining to the debtor's eviction from the creditor's real property.
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Court
:
- 11 U.S.C.
In re Hedo
Jan
23
2009
Ruling
Reinstatement of stay in debtor's dismissed eighth bankruptcy case denied.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The case was the debtor's eighth case with the court. The court entered an order dismissing the case with prejudice and the debtor appealed the dismissal order. The debtor sought an order to show cause that would reinstate the automatic stay pending appeal, pursuant to 11 U.S.C.S. § 362.
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Court
:
- FRBP
Liani v. Baker (In re Baker)
Aug
16
2007
Ruling
Auction company and successful purchaser lacked standing to seek approval of settlement to which debtor was not a party.
Procedural posture
Plaintiff buyer filed an adversary proceeding against defendants, a debtor in bankruptcy and an auction company ("LLC"), seeking a judgment declaring that a purchase and sale agreement was invalid. The buyer and the LLC filed an application under Fed. R. Bankr. P. 9019 for an order approving a settlement agreement. The debtor opposed the application and asked the court to abstain from hearing a cross-complaint the LLC filed.
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Court
: