- 11 U.S.C.
In re R. Brown & Sons Inc.
Sep
18
2013
Ruling
Storage companies that held property levied by sheriffs were entitled to administrative expense claim for fees.
Issue(s)
Were storage companies that took possession of and stored debtor's property that had been seized by sheriff's entitled to fees.
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Court
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In re Patterson
Nov
13
2012
Ruling
Debtor could avoid lien on homestead property purchased with equity from former marital residence.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought a determination that he was allowed under 11 U.S.C.S. § 522(f) to avoid a lien which a bank placed on real property he owned. The bank filed an objection to the debtor's motion and also objected to a homestead exemption the debtor claimed under Vermont law.
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Court
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In re Wise
Jul
25
2011
Ruling
United States Trustee's motion to dismiss for presumption of abuse denied as time barred and not justified by totality of circumstances.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the debtors' chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(1), based upon a presumption of abuse under 11 U.S.C.S. § 707(b)(2) and the totality of the circumstances under 11 U.S.C.S. § 707(b)(3)(B).
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Court
:
- 11 U.S.C.
Parker v. U.S. Bank Natl Assn (In re Parker)
Mar
18
2011
Ruling
Bank not entitled to summary judgment on debtor's objection to proof of claim given genuine issue of material fact.
Procedural posture
Chapter 13 debtor filed a complaint against defendant bank objecting to the bank's proof of claim on the grounds that the bank lacked standing to enforce a mortgage note against the debtor. The bank filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Turner
Feb
03
2011
Ruling
Trustee entitled to turnover of tax refunds to the extent exceeding claimed exemption.
Procedural posture
In several cases, the chapter 7 trustee objected to the debtors' claimed exemptions of their 2009 tax refunds and sought turnover pursuant to 11 U.S.C.S. § 542. The trustee requested additional compensation pursuant to 11 U.S.C.S. § 326.
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Court
:
- 11 U.S.C.
In re Haskins
Mar
25
2010
Ruling
Debtors allowed to "cram down" secured claim in 910 vehicle which debtor used primarily for business.
Procedural posture
The chapter 13 debtors filed a motion proposed to limit the amount of the allowed claim of respondent creditor holding a secured lien against one of their motor vehicles to the value of the collateral securing the claim, as allowed under 11 U.S.C.S. §§ 506, 1322(b), and 1325(a)(5). The creditor objected to that "cram down" treatment, asserting it was contrary to the dictates of the hanging paragraph following 11 U.S.C.S. § 1325(a)(9).
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Court
:
- 11 U.S.C.
In re Winter Mfg.
Mar
02
2010
Ruling
Late filed proof of claim allowed due to lack of service of notice of case or bar date.
Procedural posture
In a debtor's chapter 7 case, movant creditors filed a motion to enlarge the time to file a proof of claim.
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Court
:
- 11 U.S.C.
Ag Venture Fin. Servs. v. Montagne (In re Montagne)
Nov
13
2009
Ruling
Creditor's proof of claim was properly filed and was allowed over objection of chapter 12 trustee.
Procedural posture
Plaintiff creditor filed a complaint related to a promissory note for $ 882,000 that it had entered into with defendants debtor and his wife. Debtor moved to dismiss the creditor's cause of action on the note. Debtor also requested that the court order the creditor to disgorge all loan payments it had received on the note. The chapter 12 trustee joined in the dismissal motion and objected to the creditor's amended proof of claim.
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Court
:
- 11 U.S.C.
In re R & G Props.
Jul
06
2009
Ruling
Creditor entitled to adequate protection including a lien on surplus rents for debtor's continued use of cash collateral.
Procedural posture
The debtor filed for chapter 11 bankruptcy relief. A secured creditor filed a fourth motion under 11 U.S.C.S. § 361, seeking adequate protection payments and replacement liens as adequate protection for the continued use of its cash collateral for the operation and maintenance of the debtor's five mobile home parks.
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Court
:
- 11 U.S.C.
In re Hutchins
Jan
30
2009
Ruling
Plan confirmed over objection of creditor whose failure to be properly secured was not due to bad faith on part of debtor.
Procedural posture
The debtor filed a third amended chapter 13 plan which treated a bank's claim as unsecured. The bank objected to confirmation, asserting that it should have been deemed to have a perfected security interest in a dump truck that it had refinanced for the debtor.
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Court
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