- 11 U.S.C.
Lurgi Inc. v. Northeast Biofuels LP (Northeast Biofuels LP)
Mar
21
2009
Ruling
Court refused to enjoin debtor from drawing down on irrevocable standby letter of credit.
Procedural posture
Plaintiff contractor sued defendant debtor, creditor, and issuer, seeking to enjoin them from taking any action to draw down on an irrevocable standby letter of credit issued to the contractor. Alternatively, the contractor sought to segregate and escrow the letter of credit proceeds and declare that the creditor's security interest did not attach, or the allowance of its super-priority or general administrative expense claims.
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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
:
- 11 U.S.C.
In re Pollock
Feb
24
2009
Ruling
State enforcement of wage, hour and overtime law was covered by the police powers exception to stay.
Procedural posture
The debtor challenged an order issued by the New York Department of Labor (DOL) requiring the debtor to comply with wage, hour, and overtime law, asserting that the order violated the automatic stay provision of 11 U.S.C.S. § 362. The issue was whether the police and regulatory powers exception to the automatic stay provision under 11 U.S.C.S. § 362(b)(4) was applicable to the DOL's order.
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Court
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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.
In re Scalise
Oct
30
2008
Ruling
Case dismissed due to debtor's failure to provide paystub covering petition date.
Procedural posture
The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Court
:
- 11 U.S.C.
Harris v. DAmico (In re DAmico)
Oct
09
2008
Ruling
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Capital Communs. Fed. Credit Union v. Crowson (In re Crowson)
Oct
09
2008
Ruling
Credit card debt incurred in order to upgrade timeshare was nondischargeable as a "luxury good."
Procedural posture
Plaintiff creditor commenced an adversary proceeding against defendant debtor, seeking a determination that the debtor's credit card debt was nondischargeable as a luxury good under 11 U.S.C.S. § 523(a)(2)(A).
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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
:
- 11 U.S.C.
In re Pearl
Sep
10
2008
Ruling
Debtor allowed to claim ownership expense on second vehicle owned free and clear.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to a plan the debtors proposed for repaying their creditors.
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Court
:
In re Hubel
Sep
08
2008
Ruling
Dismissal for failure to obtain required credit counseling upheld despite incarcerated debtor's inability to comply.
Procedural posture
Appellant debtor appealed from a letter decision and order of the Bankruptcy Court, denying his request for an exemption from the credit counseling requirement of 11 U.S.C.S. § 109(h).
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Court
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