In re Burkhart
Feb
09
2010
Ruling
Reasonable attorneys' fees but not punitive damages awarded for stay violation.
Procedural posture
In a previous order, the court found that a creditor willfully violated the automatic stay imposed by a debtor's chapter 13 bankruptcy proceeding. The court held an evidentiary hearing on the issue of whether the debtor was entitled to an award of actual and punitive damages pursuant to 11 U.S.C.S. § 362(k). On its own motion, the court considered the imposition of sanctions on the debtor's attorney for violation of a scheduling order.
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Court
:
- 11 U.S.C.
Martyak v. Tioga County (In re Martyak)
Feb
05
2010
Ruling
Chapter 13 debtor's efforts to challenge auction sale of real property to satisfy delinquent real estate taxes denied.
Procedural posture
In this adversary proceeding, plaintiff debtor sought recovery of title to real property and imposition of sanctions against defendants, a county, various county officials, and others involved in the auction sale of real property that had been owned by the debtor.
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Court
:
- 11 U.S.C.
Scheidelmann v. Henderson (In re Henderson)
Jan
27
2010
Ruling
Claims in nondischargeability proceeding dismissed as insufficiently pled except for claim based on fiduciary defalcation.
Procedural posture
Pro se plaintiffs, creditors who contracted with the debtor for home remodeling, commenced an adversary proceeding against the debtors, raising claims pursuant to 11 U.S.C.S. §§ 523(a)(4), (a)(6), and 727(a)(3), (4)(A), (4)(B), and (6)(A). The debtors moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6). Alternatively, the debtors moved for a more definite statement.
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Court
:
- 11 U.S.C.
In re Lincoln Logs Ltd.
Jan
25
2010
Ruling
Funds held in escrow by debtor home manufacturer were not property of the estate.
Procedural posture
Creditors, the putative purchasers of a custom log home from the debtor, filed a motion for turnover of goods and materials for which they had paid the debtor, but which had not been delivered by the debtor to the site where the purchasers were constructing their new residence, and for other relief pursuant to 11 U.S.C.S. § 105. The purchasers had paid the full purchase price, but only received about half of the materials.
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Court
:
- 11 U.S.C.
In re Borchert
Jan
08
2010
Ruling
Debtor's Vioxx injury sufficiently incurred prepetition for class action proceeds to be property of the estate.
Procedural posture
Debtors' attorney filed a motion requesting a determination by the court that certain funds awarded in connection with the settlement of class action litigation were not property of the debtors' bankruptcy estate under 11 U.S.C.S. § 541.
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Court
:
In re Quintana
Dec
15
2009
Ruling
Objection to proof of claim overruled where creditor held valid lien on debtor's residence.
Procedural posture
A chapter 13 debtor objected to a creditor's proof of claim. The creditor set forth in its objection to the confirmation of the debtor's plan its objection to the debtor's claim of a homestead objection pursuant to N.Y. C.P.L.R. 5206(a)(1).
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Court
:
In re Coxeter
Dec
10
2009
Ruling
Reconsideration of disallowance of claim granted where local counsel engaged by creditor failed to appear due to suspension from practice prior to hearing.
Procedural posture
Bankruptcy debtors objected to a creditor's judgment claim but the creditor failed to appear for the hearing on the objection. The creditor moved pursuant to 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008 for reconsideration of the order disallowing the creditor's claim by default.
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Court
:
In re Dickerson
Dec
08
2009
Ruling
Debtor's counsel sanctioned for delayed filing, misdating of bank documents and inadequate representation of debtor at creditors' meeting.
Procedural posture
The United States Trustee asserted that counsel for a bankruptcy debtor unduly delayed filing the debtor's case, failed to contemporaneously date bankruptcy documents when executed, and inadequately represented the debtor with regard to meetings of creditors. The Trustee moved for sanctions against counsel, and the bankruptcy court conducted additional hearings with regard to counsel's conduct in other cases.
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Court
:
In re MHS Mgmt. Group LLC
Oct
26
2009
Ruling
Relief from stay granted to allow foreclosure of property in which debtor lacked equity.
Procedural posture
Movant creditor brought a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2), or in the alternative, the appointment of a 11 U.S.C.S. § 1104 trustee and an order directing the debtor to make adequate protection payments. Respondent debtor filed an opposition.
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Court
:
In re Squires Motel LLC
Sep
17
2009
Ruling
Case dismissed for bad faith where foreclosed properties were transferred to "new debtor" just prior to petition date.
Procedural posture
Creditor filed a motion seeking dismissal of the chapter 11 case of debtor" pursuant to 11 U.S.C.S. § 1112(b), in the alternative, relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
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Court
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