- 28 U.S.C.
Moshannon Valley Citizens v. Rosewood Real Estate Inc. (In re Moshannon Valley Citizens Inc.)
Feb
25
2009
Ruling
Action by debtor-in-possession against prospective purchaser for breach of contract was a core proceeding.
Procedural posture
Debtor-in-possession, the operator of a hospital, filed a Complaint seeking injunctive relief and damages for breach of contract against prospective purchasers of the hospital. The complaint alleged that the prospective purchasers were in breach of the purchase agreement and related security agreements.
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Court
:
- 11 U.S.C.
Dehart v. Lopatka (In re Lopatka)
Feb
17
2009
Ruling
Above median debtor with negative disposable income could propose plan with term of less than five years.
Procedural posture
Chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the above-median debtor's plan with a negative projected monthly disposable income could not be confirmed over the objection if the plan did not provide full payment of all allowed unsecured claims and was for less than five years. The court considered whether the plan duration could be set at less than five years.
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Court
:
Estes Express Lines v. Paone (In re Paone)
Feb
12
2009
Ruling
Stay lifted to allow determination of debtor's liability in state tort action.
Procedural posture
Company filed a motion to lift the automatic stay, pursuant to 11 U.S.C.S. § 362, in order to join debtor in a state court tort action and allow a factfinder to apportion liability between the company and debtor, pursuant to 42 Pa. Cons. Stat. § 7102(b).
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Court
:
- 11 U.S.C.
Keuler v. Monroe County Tax Claim Bureau
Jan
26
2009
Ruling
Ad valorem taxes assessed during pre-BAPCPA case were not exempt from stay.
Procedural posture
Appellant tax claim bureau appealed a decision by a bankruptcy court which denied the bureau's objections to a chapter 13 debtor's petition to sell real property that was part of her bankruptcy estate.
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Court
:
McGuire v. United States
Dec
24
2008
Ruling
Sovereign immunity barred bankruptcy court from considering debtor's taking claim against the Bureau of Indian Affairs under the Tucker Act.
Procedural posture
Plaintiff claimant, a bankrupt farmer, sought review of a judgment from the District Court for the District of Arizona which rejected the bankruptcy court's recommendation of a damage award to plaintiff on his inverse condemnation claim against defendant United States. The district court agreed with the bankruptcy court that the Government's actions could qualify as a regulatory taking but held that plaintiff's claim was not ripe for review.
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Court
:
Judge or Jurisdiction information not available
Atrium View LLC v. Eastern Savings Bank (In re Atrium View LLC)
Dec
24
2008
Ruling
Prepayment premium claimed by first lienholder against proceeds of auction disallowed as unreasonable.
Procedural posture
Objectants, a Chapter 7 debtor and a third lienholder, asserted that a prepayment premium asserted by respondent first lienholder against the proceeds of an auction sale of certain real estate was unreasonable and should be disallowed pursuant to 11 U.S.C.S. § 506(b).
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Court
:
- 11 U.S.C.
DeHart v. Baden (In re Baden)
Oct
30
2008
Ruling
Confirmation denied due to debtor's exclusion of unemployment compensation from current monthly income calculation.
Procedural posture
The chapter 13 trustee filed an objection to the confirmation of the debtors' chapter 13 plan. The trustee asserted that the debtors' improperly excluded unemployment compensation that the husband received under the Social Security Act in the calculation of current monthly income (CMI). The trustee contended that this treatment of unemployment compensation violated 11 U.S.C.S. § 1322(a)(1).
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Court
:
- 11 U.S.C.
In re McMaster
Oct
17
2008
Ruling
Attorneys'fees for chapter 11 trustee and attorney for chapter 11 trustee allowed as justified and reasonable.
Procedural posture
A debtor objected to an application for fees and expenses incurred by an attorney for the chapter 11 trustee and for compensation for the chapter 11 trustee.
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Court
:
In re Bird
Oct
17
2008
Ruling
Nunc pro tunc approval of attorneys'fees from period before filing of application for approval denied.
Procedural posture
An attorney for the chapter 7 trustee requested reimbursement for fees and expenses incurred prior to the date of the filing of an application to approve the attorney's employment.
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Court
:
- FRBP
Stauder v. eCast Settlement Corp. (In re Stauder)
Oct
16
2008
Ruling
Credit card proofs of claim supported only by "account summaries" disallowed.
Procedural posture
The debtors objected to three proofs of claim filed by the same creditor. The substance of each objection was that the creditor failed to attach sufficient documentation to the claim form to allow that claim to be accorded "prima facie"validity.
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Court
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