- 11 U.S.C.
In re Lewis
Nov
20
2012
Ruling
Attorneys' fees in reopened case allowed in reduced amount as original request was disproportionate to services rendered.
Procedural posture
Debtors filed a motion to reopen their chapter 7 bankruptcy case, and after the court granted the debtor's motion and reappointed a chapter 7 trustee, a law firm that represented the debtors filed a motion for an order directing the trustee to disburse $25,721 in legal fees and $328.90 in expenses to the firm. The motion was unopposed.
ABI Membership is required to access the full summary of In re Lewis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re Boerderji de Veldhoek LLC
Oct
25
2012
Ruling
Venue changed to district where debtor's dairy farm was located.
Procedural posture
Debtors, an LLC and two individuals, filed separate cases under chapter 12 of the Bankruptcy Code in the Northern District of New York, and a bank that held claims against the debtors' bankruptcy estates filed a motion to change the venue of both cases to the Northern District of Iowa or, in the alternative, for relief from the automatic stay. The debtors opposed the bank's motion.
ABI Membership is required to access the full summary of In re Boerderji de Veldhoek LLC 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 Cook
Oct
05
2012
Ruling
Foreclosure sale two days before petition date for reasonably equivalent value could not be avoided.
Procedural posture
When chapter 13 debtors' residence was sold at a foreclosure sale two hours before they filed for bankruptcy relief, the debtors filed a motion to enforce the automatic stay under 11 U.S.C.S. § 362(a)(3) and (5). The motion also requested a declaration that the foreclosure sale was null and void with the transfer set aside under 11 U.S.C.S. § 548(a)(1)(B)(i) and (ii).
ABI Membership is required to access the full summary of In re Cook Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Ellis
Jul
03
2012
Ruling
Confirmation of chapter 12 plan that was entirely speculative denied on feasibility grounds.
Procedural posture
The court conducted an evidentiary hearing on confirmation of the debtor's contested, second amended chapter 12 plan. A secured creditor and the Trustee objected to confirmation. The secured creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2).
ABI Membership is required to access the full summary of In re Ellis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Woddard v. Gatson (In re Bianchi Indus. Servs. LLC)
Feb
23
2012
Ruling
Funds deposited in state court by contractor of which debtor was subcontractor were not property of the estate.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, a creditor and a clerk of a state court, seeking turnover of funds deposited in the state court by a contractor of which the debtor was a subcontractor, but the creditor which in turn performed subcontract work for the debtor claimed the funds as due from the debtor to the creditor. The creditor moved for judgment on the pleadings.
ABI Membership is required to access the full summary of Woddard v. Gatson (In re Bianchi Indus. Servs. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Menton
May
24
2011
Ruling
Debtor's attorney sanctioned due to twice failing to submit timely plan, fee irregularities and filing of dismissal notice without notifying clients.
Procedural posture
The court entered an order to show cause directed to the attorney for Chapter 13 debtors as to why he should not be sanctioned and referred to the Chief Judge of the District for discipline, including consideration of being barred from practice in the Northern District of New York.
ABI Membership is required to access the full summary of In re Menton 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 Burnett
Jan
21
2011
Ruling
Failure to include Social Security benefits in plan was not basis for denial of confirmation.
Procedural posture
Debtors filed separate petitions under chapter 13 of the Bankruptcy Code in two bankruptcy cases, and the same trustee was appointed to administer both cases. The trustee filed an objection to plans the trustees filed in both cases, claiming that the plans could not be confirmed because the debtors did not include social security payments they were receiving when they calculated their projected disposable income.
ABI Membership is required to access the full summary of In re Burnett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Cady
Nov
22
2010
Ruling
Farm transferred to debtor through family estate planning was property of the estate so that debtor could cure default on secured loans entered into by father.
Procedural posture
In this chapter 12 case, a creditor moved for relief from the automatic stay "for cause" pursuant to 11 U.S.C.S. § 362(d)(1) with respect to certain real and personal property supporting the farming operation of the debtor.
ABI Membership is required to access the full summary of In re Cady 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 Pagan
Sep
24
2010
Ruling
Confirmation denied due to debtor's improper deduction of employer's contribution to health insurance plan.
Procedural posture
The Chapter 13 trustee objected to confirmation of the proposed plan by the debtor. At issue was whether was whether she was committing all of her projected disposable income to make payments to unsecured creditors under the plan as required by 11 U.S.C.S. § 1325(b)(1)(B) when she included her employer's portion of her health insurance premium as a living expense deduction but did not correspondingly reflect that premium payment as income.
ABI Membership is required to access the full summary of In re Pagan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Reid
Aug
02
2010
Ruling
Pro se debtor's third case in six years dismissed for bad faith with bar on stay in any future filing.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the pro se debtor's case, his third filing in six years, for unreasonable delay that was prejudicial to creditors.
ABI Membership is required to access the full summary of In re Reid Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: