In re Atlas Shipping AS
Apr
27
2009
Ruling
Maritime attachments obtained against foreign debtor could be vacated and garnished funds turned over to foreign representative.
Procedural posture
Petitioner foreign representative filed an action under chapter 15 of the Bankruptcy Code, seeking recognition of a bankruptcy action that was filed by debtors, two Danish corporations, in Denmark. The foreign representative asked the court to vacate nine maritime attachments which creditors had obtained, pursuant to Supp. R. Adm. or Mar. Cl. & Asset Forfeiture Actions B, in the District Court for the Southern District of New York.
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Court
:
- 11 U.S.C.
In re Giggsby
Apr
17
2009
Ruling
Court refused to reinstate stay in case filed solely to thwart eviction.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a landlord filed a motion to vacate the stay that was imposed when the debtor declared bankruptcy so it could execute a warrant of eviction it obtained in state court. The court granted the landlord's motion and sustained the landlord's objection to a certification the debtor filed under 11 U.S.C.S. § 362(l)(1). The debtor filed an application for an order reinstating the stay.
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Court
:
- 11 U.S.C.
In re Stansbury
Mar
09
2009
Ruling
Post-confirmation unsecured claim filed by bank against property surrendered by debtor disallowed.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and a bank filed a claim in the bankruptcy proceedings. The debtors filed an objection to the claim.
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Court
:
In re Morrison
Mar
02
2009
Ruling
Life insurance proceeds received more than 180 days postpetition were not property of the estate.
Procedural posture
The debtors, a husband and a wife, filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. In October 2007, the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a motion for turn over of a life insurance policy proceeds to the estate, which was granted. The debtor wife filed a motion for rehearing of the turnover property.
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Court
:
- 11 U.S.C.
In re BH S&B Holdings LLC
Feb
10
2009
Ruling
Costs of removal of postpetition, prerejection liens were administrative expense claims.
Procedural posture
Debtor businesses filed petitions under chapter 11 of the Bankruptcy Code and continued to operate two stores that were located on real property that was owned by a landlord. The landlord filed a motion for an order requiring the debtors to perform postpetition lease obligations, pursuant to 11 U.S.C.S. § 365(d)(3), with respect to mechanics' liens that had been placed on its property. The debtors opposed the motion.
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Court
:
Newman v. United States (In re Newman)
Nov
25
2008
Ruling
Government's attempts to collect nondischargeable tax debt did not violate discharge injunction.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States alleging that the government violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect additional tax liabilities after the debtor provided for and paid taxes for the tax years in question under the debtor's confirmed chapter 11 plan. The government moved for summary judgment.
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Court
:
- 11 U.S.C.
Wharton v. Shiver (In re Shiver)
Nov
05
2008
Ruling
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
Procedural posture
Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
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Court
:
In re Shihai
Aug
18
2008
Ruling
Fee application of debtor's pre-conversion counsel treated as interim application pending full administration.
Procedural posture
Counsel for the debtors filed a first and final application for fees and expenses. The United States Trustee and chapter 7 trustee opposed the application.
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Court
:
In re Vinieris
Aug
07
2008
Ruling
Secured judgment that was still valid after more than twenty years was in excess of chapter 13 debt limits, disqualifying debtor.
Procedural posture
Movant creditor sought dismissal of a chapter 13 on the basis that it was a judgment creditor with a secured claim against debtor exceeding $9.9 million, rendering debtor ineligible to file a chapter 13 due to 11 U.S.C.S. § 109(e). Debtor opposed the motion on the ground that movant was no longer a judgment creditor by reason of the age of the underlying judgment. The status of the debt under state law including N.Y. C.P.L.R. § 5014 was at issue.
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Court
:
- 11 U.S.C.
In re Kwabena Osei
Jun
25
2008
Ruling
Debtor entitled to full rental expense deduction of IRS Local Standards rather than lower actual expense.
Procedural posture
A creditor objected to confirmation of debtor's chapter 13 plan on the ground that debtor, in calculating disposable income, deducted the full amount allowed under the IRS Local Standards for mortgage/rental expense even though debtor's actual monthly rental expense was lower. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(3) and 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) both individually and in the context of the IRS Local Standards.
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Court
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