In re LaGuardia Assocs. L.P.
Dec
05
2012
Ruling
Prepayment fee component of mortgage claim disallowed.
Procedural posture
Debtor, joined by the Official Committee of Unsecured Creditors, objected to that portion of a first mortgage holder's (lender's) proof of claim which represented a prepayment fee, or what the applicable loan documents (Promissory Note and Mortgage) also characterized as a "yield maintenance charge." A hearing was held.
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Court
:
- 11 U.S.C.
Lopez v. First Judicial Dist. (In re Lopez)
Jul
18
2012
Ruling
Court costs of criminal proceeding against debtor were nondischargeable.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendants, the First Judicial District of Pennsylvania and a court administrator, seeking a determination that court costs a state court assessed when it convicted the debtor of committing criminal offenses were dischargeable under 11 U.S.C.S. § 523(a)(7). The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
PN Chapter 11 Estate Liquidating Trust v. Inserts East Inc. (In re Philadelphia Newspapers LLC)
Mar
22
2012
Ruling
Transfers to creditor within preference period outside of ordinary course of business could be avoided.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant creditor, seeking a ruling that he was allowed under 11 U.S.C.S. § 547(b) to avoid transfers a corporate debtor made to the creditor, recovery of the avoided transfers under 11 U.S.C.S. § 550, an order disallowing claims the creditor filed against the debtor's bankruptcy estate until the creditor paid amounts it owed under § 550. The trustee filed a motion for summary judgment.
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Court
:
In re Bellano
Aug
11
2011
Ruling
Debtor could not reopen case to seek approval of reaffirmation agreement.
Procedural posture
The debtor sought to reopen his chapter 7 case under 11 U.S.C.S. § 350(b) in order to reaffirm a debt under 11 U.S.C.S. § 524.
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Court
:
In re Philadelphia Rittenhouse Devloper LP
May
25
2011
Ruling
Plan in single asset real estate case could not be confirmed due to violation of the absolute priority rule.
Procedural posture
Debtor mortgagee sought and brought an action. The limited liability company (LLC) moved for dismissal of the debtor's chapter 11 case for cause, including a lack of good faith, or, in the alternative, relief from the automatic stay. The debtor's mortgagee argued that the debtor would not be able to confirm a plan because confirmation of the plan would have to be sought by way of the "cram-down" provisions of 11 U.S.C.S. § 1129(b).
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Court
:
- 11 U.S.C.
In re Smith
May
11
2011
Ruling
Debtor ordered to amend plan to assume or reject lease.
Procedural posture
Before the court in debtor's Chapter 13 case was movant creditor's and lease trust's motion for termination of the automatic stay pursuant to 11 U.S.C.S. § 362(d), for an order requiring the assumption or rejection of executory contracts or unexpired leases in accordance with 11 U.S.C.S. § 365(d). Debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re 400 Walnut Assocs. LP
Feb
22
2011
Ruling
Rents which were purportedly assigned to mortgagee were property of the estate and cash collateral which could be used by debtor on condition of adequate protection.
Procedural posture
A chapter 11 debtor filed a motion for use of cash collateral. A creditor filed a corresponding motion for relief from the automatic stay. Each motion was opposed.
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Court
:
In re Segen
Nov
03
2010
Ruling
Debtor could claim federal exemptions in entireties property.
Procedural posture
A chapter 7 debtor who chose the federal exemptions under 11 U.S.C.S. § 522(d) sought to exempt property that was owned individually and by the entireties and whose liabilities likewise consisted of debts individually and jointly owed. A judgment creditor of both the debtor and his wife objected to the exemptions.
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Court
:
In re Philadelphia Newspapers LLC
Oct
21
2010
Ruling
Insider of debtor allowed administrative expense claim for reduced amount of attorneys' fees for role in obtaining debtor-in-possession financing.
Procedural posture
An insider of the Chapter 11 debtors sought the allowance of an administrative claim for attorneys' fees and costs pursuant to 11 U.S.C.S. § 503(a) and (b). An Acting United States Trustee and the official committee of unsecured creditors objected. The steering group of prepetition secured lenders and the administrative and collateral agent for the steering group, joined in the objections.
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Court
:
- 11 U.S.C.
Panda Herbal Intl Inc. v. Luby (In re Luby)
Sep
30
2010
Ruling
Discharge denied due to conversion of creditor's property as well as concealment of property, destruction of financial records, false statements and unexplained loss of assets.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that the debtors were not entitled to a discharge under 11 U.S.C.S. § 727 and that debts to the creditors were nondischargeable under 11 U.S.C.S. § 523 based on the debtors' conversion of the creditors online business of selling herbal supplements which the creditors hired the debtors to operate.
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Court
: