Judge Thomas

Independent Mortg. Co. v. Porter (In re Porter)

The debtors moved for confirmation of their amended chapter 13 plan.
Ruling: 
Confirmation denied where debtor failed to explain why delay in selling home until end of plan was necessary for successful reorganization.
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Brown v. Pyatt (In re Pyatt)

In this chapter 7 action, the trustee appealed from a judgment of the Bankruptcy Appellate Panel for the Eighth Circuit, which reversed the bankruptcy court's decision compelling the debtor to turn over to the estate the value of several checks which amounted to $1938.76.
Ruling: 
Debtor could not be compelled to turn over funds transferred by checks written before petition date but honored after filing.
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CCI Constr. Co. v. Allfirst Bank (In re CCI Constr. Co.)

Plaintiff, debtor in possession, filed a complaint to set aside several preferential payments by the debtor to defendant bank, its primary business lender, under the terms of 11 U.S.C. § 547(b) or , in the alternative, for recovery of improper setoff pursuant to 11 U.S.C. § 553. The bank asserted that the payments were not avoidable as made in the ordinary course of business, under 11 U.S.C. § 547(c)(2).
Ruling: 
Bank's departure from procedure in covering outstanding checks was not in ordinary course of business so that payments were preferential.
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United States v. Milwitt

Defendant sought review of a judgment from the District Court for the Northern District of California, which convicted him upon a jury verdict on five counts of bankruptcy fraud in violation of 18 U.S.C. § 157.
Ruling: 
Bankruptcy fraud conviction reversed where debtor filed to defraud tenants he was assisting but not tenant's landlord creditors.
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City & County of San Francisco v. PG&E Corp.

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.
Ruling: 
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
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