- 11 U.S.C.
In re Iron Age Corp.
Nov
30
2007
Ruling
Lease that was not legally terminated or rejected gave rise to administrative expense claim for landlord.
Procedural posture
The debtors'landlord filed a motion for an order allowing and directing immediate payment of administrative expense claims. The landlord sought payment of postpetition rent for property that he leased to the debtors by virtue of a lease entered into prior to the filing of the petition. The landlord argued that pursuant to 11 U.S.C. §§ 365(d)(3), 503(a) and 503(b)(1)(A) his claim was an administrative expense claim.
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Court
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In re Maisel
Nov
15
2007
Ruling
Creditor's motion for relief from stay granted where debtor intended to surrender property.
Procedural posture
Creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) on the grounds that the debtors had failed to make regular monthly mortgage payments to the lender and had not sought to cure the arrearage or reaffirm the debt. The creditor further sought relief under 11 U.S.C. § 362(d)(2) on the grounds that the debtors had no equity in the property and the property was not necessary to an effective reorganization.
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Court
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In re Kemp
Aug
09
2007
Ruling
Confirmation of amended plan denied due to above median debtors failure to commit all monthly disposable income.
Procedural posture
A debtor filed for relief under chapter 13, and the debtor submitted a proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation of the amended plan on the grounds that the amended plan did not commit all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Munger
Jun
21
2007
Ruling
Unemployment compensation properly excluded from calculation of debtors'current monthly income.
Procedural posture
Debtors, a husband and wife, filed a petition for relief under chapter 7, and the U.S. Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 707(b), to extend the time for filing objections to the debtors'discharge under 11 U.S.C. § 727. The debtors opposed the trustee's motion.
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Court
:
- 11 U.S.C.
Burdick v. OLeary (In re OLeary)
Jun
18
2007
Ruling
Estate did not have interest in property acquired pursuant to divorce decree that was not entered within 180 days of petition date.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to avoid an alleged transfer as fraudulent. The debtor moved to dismiss. At issue was whether the debtor's bankruptcy estate included an interest in property owned by his wife whom he sued for divorce less than 180 days after the filing of his bankruptcy petition.
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Court
:
- 11 U.S.C.
Rupp v. Elmasri (In re Elmasri)
May
24
2007
Ruling
Trustee could pay off liens with proceeds of sale of homestead even if impairment of exemption resulted.
Procedural posture
After debtor filed a chapter 7 petition, plaintiff, who was his ex-wife, and intervenor, a former law guardian appointed in connection with debtor's state court matrimonial action, sought payment of judgments against debtor from $50,000 that constituted debtor's homestead exemption under state law and was expected as proceeds from the sale of his residence. The status of such claims under 11 U.S.C. § 522(c) was at issue.
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Court
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In re Weerawat
Mar
06
2007
Ruling
Debtor who spent substantial portion of estate funds contrary to court order directed to pay $100 per day or face arrest and incarceration.
Procedural posture
The matter came before the court for hearing on the chapter 7 trustee's Second Motion for Contempt by which the trustee sought an order holding debtor in contempt and requesting that debtor be incarcerated for failing to comply with the court's Order of January 4, 2007 directing debtor to turn over $100,000 to the trustee.
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Court
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Nosek v. Ameriquest Mortg. Co. (In re Nosek)
Mar
06
2007
Ruling
Debtor entitled to actual damages for emotional distress and punitive damages due to creditor's failure to properly account for plan payments.
Procedural posture
On remand from the district court, the court was directed to reconsider its prior decision, which held that creditor was liable to chapter 13 debtor for violations of the Massachusetts Consumer Protection Act (Chapter 93A) and awarded debtor $250,000 in emotional distress damages for a breach of the implied covenant of good faith and fair dealing.
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Court
:
- 11 U.S.C.
In re Brown
Feb
13
2007
Ruling
Creditor granted administrative expense for counsel fees due to actions to preserve estate.
Procedural posture
The creditor's counsel objected to the chapter 13 trustee's report and filed a motion for the allowance of an administrative expense for professional services rendered, pursuant to 11 U.S.C. § 503(b)(1)(A).
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Court
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In re Lyons
Nov
22
2006
Ruling
Judicial lien fully impairing debtor's state exemption in homestead equity could be avoided.
Procedural posture
A chapter 7 debtor filed a motion seeking to avoid a creditor's judicial lien on his personal residence pursuant to 11 U.S.C. § 522(f). The creditor opposed the motion.
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Court
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