- 11 U.S.C.
In re ES2 Sports & Leisure LLC
Sep
11
2014
Ruling
Lessor of exercise equipment not entitled to an administrative expense claim for trustee's use of the equipment in process of operating debtor's country club.
Issue(s)
Was lessor of exercise equipment entitled to an administrative expense claim for trustee's use of the equipment in process of operating debtor's country club?
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Court
:
In re Jarrett
Apr
09
2014
Ruling
Debtor's remainder interest in real property not exempted from abandonment.
Issue(s)
Could debtor's remainder interest in real property be exempted from abandonment?
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Court
:
In re Bolden
Feb
21
2014
Ruling
Decision on debtor's motion to avoid lien withheld pending proper notice to creditor.
Issue(s)
Could lien be avoided where service upon creditor was by mail but not addressed to any particular agent or officer?
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Court
:
- FRBP
Hawkins v. Chapter 11 Trustee
Mar
13
2009
Ruling
Trustee's liquidation of two sources of funds for bankruptcy estate was an impermissible modification of chapter 11 plan.
Procedural posture
Appellant debtors challenged an order from the bankruptcy court that found that a compromise made under Fed. R. Bankr. P. 9019 by chapter 11 trustee, did not constitute an impermissible post-confirmation modification of the approved plan.
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Court
:
Baldwin v. Celli (In re Baldwin)
Dec
03
2008
Ruling
Website did not provide appropriate method for calculating tax expense for Form B22C.
Procedural posture
Appellants, debtors, filed a notice of appeal from a memorandum decision and order of the bankruptcy court which denied confirmation of debtors'chapter 13 Plan (Plan) because they failed to include all disposable income in their Plan. Appellee trustee opposed debtors'appeal.
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Court
:
- 11 U.S.C.
Rossi v. Celli (In re Rossi)
Sep
26
2008
Ruling
Stay pending appeal of dismissal due to lack of liklihood of success as necessary funding of chapter 13 plan had not occurred.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan was confirmed. In September 2008, the bankruptcy court dismissed the debtor's case. The bankruptcy court entered an order staying a county from evicting the debtor to allow the debtor to seek emergency relief with the court. The debtor sought a stay pending appeal of the dismissal of her chapter 13 case.
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Court
:
Deep v. Danaher
Aug
18
2008
Ruling
Bankruptcy court did not abuse discretion in enjoining debtor from filing pleadings without leave of court.
Procedural posture
Plaintiff brought an action against defendants, two chapter 7 trustees and two others. At issue in plaintiff's appeal was whether the bankruptcy court abused its discretion by acting pursuant to 11 U.S.C.S. § 105 to enjoin him from filing further pleadings in the bankruptcy court without obtaining prior leave of the bankruptcy court.
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Court
:
- 28 U.S.C.
Nash v. Gentile
Aug
06
2008
Ruling
Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.
Procedural posture
Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.
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Court
:
- 11 U.S.C.
Rahm v. Halpin (In re Halpin)
Jun
07
2007
Ruling
Unpaid benefit plan contributions were dischargeable where debtor was not shown to have fiduciary responsibility.
Procedural posture
Appellants, members of a union and trustees of various benefit funds, filed an objection to the dischargeability of a debt under 11 U.S.C. § 523(a)(4). The debt consisted of monies that an employer, by and through appellee debtor, in his capacity as president of the employer, was obligated to contribute towards the funds. The Bankruptcy Court for the Northern District of New York discharged the debt. Appellants filed an appeal.
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Court
:
- FRBP
Borden v. Brunswick Baptist Church (In re Brunswick Baptist Church)
Jan
16
2007
Ruling
Debtor properly sent notice of bar date to creditors where creditors' attorney failed to request service.
Procedural posture
In appellee debtor's chapter 11 petition, appellant creditors were named on the debtor's list of creditors but their counsel was not listed. The creditors filed unsecured proofs of claim nearly three months after the deadline to file claims (bar date), and the bankruptcy court denied the creditors' motion seeking to enlarge the period in which to file proofs of claim. The creditors appealed.
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Court
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