- 11 U.S.C.
Toms, In re
May
02
2023
Ruling
Application of debtor's counsel for interim compensation was granted only to the extent the requested fees met the beneficial, necessary, and reasonable standard. (Bankr. D. Vt.)
Issue(s)
Compensation of Officers.
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:
- 11 U.S.C.
Koffee Kup Bakery, Inc., In re
Jan
14
2022
Ruling
Motions to dismiss involuntary petition granted as the claim was subject to a bona fidedispute as to amount. (Bankr. D. Vt.)
Issue(s)
Involuntary Cases; Commencement; By Three or More Entities.
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Court
:
Elias, In re
Jun
10
2021
Ruling
Court exercised its discretion to deny debtor's motion for waiver because her appeal from anorder overruling her objection to a sale motion lacked merit. (Bankr. D. Idaho)
Issue(s)
Bankruptcy Fees; Waiver.
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:
- 11 U.S.C.
Simpson, In re
Jun
01
2020
Ruling
Motion to amend plan was granted as debtors' performance to date, projections, and lack ofdiminution of any claim showed that the debtors had satisfied the feasibility test at §1225(a)(3). (Bankr. D. Vt.)
Issue(s)
Confirmation of Plan; Conditions; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Fisher, In re
Nov
20
2018
Ruling
Extension of stay was not warranted as debtor failed to rebut the presumption that case wasfiled in bad faith. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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:
- 11 U.S.C.
Goodrich, In re
Sep
24
2018
Ruling
Automatic stay extended beyond 30 days from the date debtor filed his petition as he demonstrated that he filed his second case in good faith with clear and convincing evidence. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
:
- 11 U.S.C.
Goodrich, In re
Jul
20
2018
Ruling
Court adopted the Minority Approach, construing § 362(c)(3)(A) to terminate the stay entirely unless the debtor or another party in interest makes the requisite showing, and court orders otherwise, within 30 days of the date the debtor filed the second case. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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:
Hewitt, In re
Nov
08
2017
Ruling
Debtor did not acquire the right to claim a homestead exemption as the debtor did not acquire the property. (Bankr. D. Vt.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
Brown Media Corp. v. K&L Gates, LLP
Apr
14
2017
Ruling
Court vacated district court's judgment granting defendants' motion to dismiss on res judicatawhere claims for breach of fiduciary duty, tortious interference with contract, and commonlaw fraud were not of the sort that should have been raised in the underlying bankruptcyproceedings. (2d Cir.)
Issue(s)
Defenses and Objections -- When and How Presented -- By Pleading or Motion --
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:
( ) [ Circuit Court ]
- 11 U.S.C.
Milky Way Organic Farm, LLC, In re
Feb
14
2017
Ruling
Creditors motions to dismiss bankruptcy cases granted as debtors' breach of severalrequirements of the stipulation and the debtors' plan payment default are each a materialdefault under the confirmed plan. (Bankr. D. Vt.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Material Default.
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Court
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