- 11 U.S.C.
Alcantara v. Citimortgage Inc. (In re Alcantara)
Apr
09
2008
Ruling
Class action complaint for violations of stay dismissed due to debtor's failure to allege creditor's actions resulted in injury.
Procedural posture
Plaintiff debtors filed an action against defendant creditor alleging violations of the Florida Consumer Collection Practices Act. In an amended complaint, the debtors filed a class action individually and on behalf of others similarly situated, alleging three counts of violations of the automatic stay imposed under 11 U.S.C.S. § 362(a)(6). The creditor filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Pereira v. Gardner (In re Gardner)
Apr
01
2008
Ruling
Debtor's concealment of timeshares, false oaths at creditors' meeting and failure to provide records resulted in denial of discharge.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), (a)(4)(D), and (a)(5). The trustee also requested that the pleadings be amended to conform to the evidence so that the debtor could be denied a discharge under 11 U.S.C.S. § 727(a)(6). The debtor denied allegations in the trustee's complaint.
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Court
:
Hill v. Brooks (In re Brooks)
Mar
28
2008
Ruling
Bankruptcy court exercised abstention from state eviction action which would not affect administration.
Procedural posture
Plaintiff creditor brought an action in state court against defendant bankruptcy debtor seeking eviction of the debtor from real property and unpaid rent, and the debtor counterclaimed for a declaration that the debtor had an ownership interest in the property. The debtor removed the case to the bankruptcy court, and the creditor moved for remand or abstention under 28 U.S.C.S. §§ 1334(c)(2), 1452(b).
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Court
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In re Chestnut Hill Rehab Hosp. LLC
Mar
25
2008
Ruling
Arbitration proceedings pursuant to collective bargaining agreement were not subject to stay.
Procedural posture
The debtors filed two separate motions for an order to show cause against a union and the American Arbitration Association (AAA). The debtors contented that the union and the AAA had violated the automatic stay imposed by 11 U.S.C.S. § 362 by pursuing certain arbitration proceedings after the bankruptcy petitions were filed.
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Court
:
- 11 U.S.C.
Stathopoulos v. Maritime Law Ctr. for Personal Injury (In re Arana)
Mar
20
2008
Ruling
Debtor's personal injury attorneys were not insiders so that reimbursement of advances was not preferential transfer.
Procedural posture
Defendants, a law center and a particular member thereof, sought summary judgment on plaintiff trustee's complaint to avoid and recover a transfer per 11 U.S.C.S. § 547 claimed to be preferential and occurring by reason of the transfer, to defendants, of a part of the proceeds of a settlement of a chapter 7 debtor's lawsuit against third parties, reimbursing defendants for advances, including for debtor's living expenses, made during the case.
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Court
:
- 11 U.S.C.
In re F.G. Metals Inc.
Mar
18
2008
Ruling
Amended plan confirmed provided that debtor was not entitled to discharge of any tax for which a fraudulent return had been filed.
Procedural posture
Debtor corporations filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The court consolidated the petitions and entered an order which provided, inter alia, that the corporations would be consolidated into one entity. The surviving debtor filed an amended plan of reorganization, and the court held a hearing to consider confirmation of the amended plan, pursuant to 11 U.S.C.S. § 1129.
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Court
:
- 28 U.S.C.
In re Dunmore Homes Inc.
Jan
14
2008
Ruling
Venue transferred from state where debtor was incorporated and domiciled to state where sources of funding were located in interests of judicial economy.
Procedural posture
The creditors filed a motion to transfer venue of the debtor's chapter 11 case, pursuant to 28 U.S.C. § 1412, to the Eastern District of California. The banks and debtor opposed the motion.
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Court
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In re A&J Quality Diamonds Inc.
Oct
29
2007
Ruling
Failure to pay three petitioning creditors was not sufficient grounds to support involuntary petition.
Procedural posture
After petitioners, three trade creditors, filed an involuntary chapter 7 bankruptcy petition against debtor, which contested the petition, the matter was tried. The only evidence offered was a two-item factual stipulation agreed to by the parties. At issue was whether the creditors were entitled to relief under 11 U.S.C. § 303(h).
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Court
:
- 11 U.S.C.
In re EZ Pay Servs.
Sep
28
2007
Ruling
Administrative expense claim for fees of computer forensics expert approved.
Procedural posture
Chapter 7 trustee filed an application to pay the administrative expense claim of a computer forensics expert employed by the trustee, in the amount of $ 70,000, pursuant to 11 U.S.C.S. § 503(b)(1).
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Court
:
- 11 U.S.C.
In re Jones
Sep
04
2007
Ruling
IRS could not be forced to add postpetition tax liability to proof of claim for prepetition liabilities.
Procedural posture
Chapter 13 debtor filed an objection to a proof of claim filed by the IRS.
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Court
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