In re Lockenwitz
Apr
27
2010
Ruling
Plan confirmation denied due to impermissible bifurcation of purchase money security interest in "910" vehicle.
Procedural posture
Debtors submitted a plan for confirmation. The successor secured creditor on the debtors' motor vehicle filed an objection to confirmation of the debtors' plan and a response to the trustee's motion to determine value of the collateral.
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Court
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In re Wesseldine
Mar
08
2010
Ruling
Debtors' attorneys not entitled to fees in excess of initial flat fee.
Procedural posture
In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
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Court
:
- 11 U.S.C.
Planavsky v. County of Broome (In re Planavsky)
Feb
17
2010
Ruling
Bankruptcy court lacked jurisdiction to determine state tax debt where debtor had not taken all necessary steps under state law.
Procedural posture
Plaintiff chapter 11 debtor filed an adversary proceeding against defendants, two counties, a city, and various towns, villages, and school districts, seeking a determination under 11 U.S.C.S. § 505 of the amount of real property taxes he owed. Several defendants filed motions to dismiss.
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Court
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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
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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
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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
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