Skip to main content

Page Banner(Taxonomy)

judge coleman

In re Wetdog LLC

Ruling
Creditor's claim for default rate of interest for period between petition date and confirmation was barred by the confirmation order.
Issue(s)
Whether creditor, on motion filed over four months after plan confirmation, may increase the amount of its secured claim to compensate it for additional gap period interest and reasonable fees, costs, and charges?

ABI Membership is required to access the full summary of In re Wetdog LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 14, 2015 , LexisNexis #0915-028

In re Tyndale

Ruling
Chapter 13 plan confirmed over objection by city that did not establish that it had suffered an injury in fact.
Issue(s)
Should bankruptcy court orders for redemption of property sold at tax sale and subsequent confirmation of debtor's chapter 13 plan be reversed on appeal by city?

ABI Membership is required to access the full summary of In re Tyndale Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-134

In re Mingledorff

Ruling
Fee application of chapter 7 trustee who made no distributions and did not turn over any funds prior to conversion to chapter 13 denied.
Issue(s)
Whether a chapter 7 trustee who neither made distributions nor turned over any funds to parties in interest before the case was converted to chapter 13 was entitled to compensation under 11 U.S.C.S. §§ 326 and 330(a).

ABI Membership is required to access the full summary of In re Mingledorff Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 23, 2015 , LexisNexis #0715-108

In re Minor

Ruling
Chapter 13 plan confirmed over objection of city that lacked standing to object.
Issue(s)
Should city's objection to chapter 13 plan be sustained or should the plan be confirmed?

ABI Membership is required to access the full summary of In re Minor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 09, 2015 , LexisNexis #0915-132

In re Allegria

Ruling
Case dismissed due to debtor's bad faith actions with regard to interest in residence.
Issue(s)
Whether the debtor's voluntary conveyance of a one-half interest in residence, post-petition, without notice to the trustee or permission of the court, and debtor's failure to take any steps to liquidate the interest in favor of creditors are sufficient grounds to dismiss debtor's case?

ABI Membership is required to access the full summary of In re Allegria Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 26, 2015 , LexisNexis #0615-133

In re Deaurora

Ruling
Relief from stay granted to allow for resolution of creditor's long-running dispute with debtor.
Issue(s)
Should the automatic stay be modified to allow creditor's prepetition lawsuit against debtor to proceed to a final judgment?

ABI Membership is required to access the full summary of In re Deaurora Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 10, 2015 , LexisNexis #0515-008

In re Hutch Holdings Inc.

Ruling
Debtor's counsel sanctioned by not allowing compensation for any fees and expenses resulting from failure to comply with disclosure requirements.
Issue(s)
Should debtor's counsel be sanctioned for failing to disclose to the court that they had also represented debtor's equity owner in a chapter 11 case?

ABI Membership is required to access the full summary of In re Hutch Holdings Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 31, 2015 , LexisNexis #0515-002

In re Rogers

Ruling
Debtor's counsel not entitled to compensation beyond "no-look" retainer, where counsel should have known debtor was not eligible under chapter 13.
Issue(s)
Was ineligible chapter 13 debtor's counsel entitled to compensation beyond amount of "no-look" retainer?

ABI Membership is required to access the full summary of In re Rogers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 30, 2015 , LexisNexis #0415-074

In re Terry

Ruling
Creditor city's objection to confirmation of deceased debtor's plan overruled.
Issue(s)
Could deceased debtor's plan be confirmed or should the case be dismissed due to his death and alleged bad faith?

ABI Membership is required to access the full summary of In re Terry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 13, 2015 , LexisNexis #0415-026

In re Perkins

Ruling
Judicial liens avoided to the extent impairing debtor's exemption.
Issue(s)
Should creditor's judicial lien be avoided as impairing debtor's exemption in the subject property?

ABI Membership is required to access the full summary of In re Perkins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 03, 2015 , LexisNexis #0615-085