- 11 U.S.C.
Roeder v. Lockwood (In re Lockwood Auto Group Inc.)
May
14
2010
Ruling
Motion to dismiss fraudulent transfer and equitable subordination proceedings denied.
Procedural posture
Defendant bank sought summary judgment on an amended adversary complaint by plaintiff, a chapter 7 trustee for debtor auto dealership. The bank sought dismissal of actual fraud claims per the Pennsylvania Uniform Fraudulent Transfer Act (PUFTA), 12 Pa. Cons. Stat. § 5101 et. seq., and 11 U.S.C.S. § 548(a)(1)(A) as well as dismissal of an equitable subordination claim filed per 11 U.S.C.S. § 510. An issue concerning a deposition was also raised.
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Straughn v. No Respondent (In re Straughn)
May
05
2010
Ruling
Debtor corporation and debtor majority shareholder and president could not employ same counsel in their respective cases.
Procedural posture
Both debtors in related cases involving a debtor corporation and the individual who was the majority shareholder and president of the corporation filed similar motions to employ counsel, seeking to employ the same counsel. The United States Trustee (UST) opposed the dual retention of the proposed counsel by both debtors on the grounds of actual and/or potential conflict of interests.
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- 11 U.S.C.
Spero v. Porecco (In re Porecco)
Apr
07
2010
Ruling
Order for return of funds to debtor reversed on reconsideration given discovery that debtor's chapter 13 plan had been confirmed in 2005.
Procedural posture
The chapter 7 trustee filed a motion for reconsideration of an order directing the chapter 7 trustee to turn over to the debtor $ 60,740 held by the trustee.
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- 11 U.S.C.
Citicorp v. Henderson (In re Henderson)
Apr
06
2010
Ruling
Motion for payment of unclaimed funds dismissed as brought by a non-attorney.
Procedural posture
Before the court in debtors' chapter 13 case was an Amended Motion for Payment of Unclaimed Funds filed by a non-attorney, Recovery and Escheat Manager, on behalf of movant creditor.
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RHTC Liquidating Co. v. Union Pac. R.R. (In re RHTC Liquidating Co.)
Mar
05
2010
Ruling
Motion by monitor in debtor's Canadian insolvency case to dismiss involuntary case denied as not in best interests of petitioning creditors.
Procedural posture
Creditors filed an involuntary petition under chapter 7, seeking orders requiring a U.S. corporation that was a wholly-owned subsidiary of a Canadian corporation to liquidate its assets and pay creditors. A Monitor who was appointed to represent the U.S. corporation's interests in a bankruptcy case filed in a Canadian court filed a motion to dismiss the case pursuant to 11 U.S.C.S. § 305(a).
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Law v. No Respondent (In re Law)
Jan
19
2010
Ruling
Reaffirmation agreement approved but discharge delayed to provide debtor with opportunity to rescind.
Procedural posture
The pro se debtor in a no-asset chapter 7 case submitted for review a reaffirmation agreement of her conventional mortgage with her secured lender, cosigned by her non- debtor spouse, which indicated that the amount to be reaffirmed was $ 28,296.85 at 7.125 percent interest. Because she was not represented by counsel, the court conducted a hearing under 11 U.S.C.S. § 524(d).
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- 11 U.S.C.
Jordan v. Greentree Consumer Disc. Co. (In re Jordan)
Mar
27
2009
Ruling
Security interest in mobile home was subject to modification.
Procedural posture
Chapter 13 debtors sued defendant creditor, seeking to modify the creditor's rights pursuant to 11 U.S.C.S. § 506(d). The parties filed cross-motions for summary judgment.
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- 11 U.S.C.
Weisel v. Dominion Peoples Gas Co. (In re Weisel)
Feb
09
2009
Ruling
Utility did not violate stay by terminating service after debtor's failure to provide timely adequate assurance payments.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant gas utility alleging that the utility terminated gas service to the debtors' residence without obtaining relief from the automatic bankruptcy stay of 11 U.S.C.S. § 362 or an increase in the debtors' adequate-assurance payment to the utility under 11 U.S.C.S. § 366. The utility moved for summary judgment.
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Court
:
- FRBP
Winnecour v. Countrywide Home Loans Inc. (in re Countrywide Home Loans Inc.)
Oct
08
2008
Ruling
Settlement of trustee's claim regarding improperly posted mortgage payments in 293 chapter 13 cases approved.
Procedural posture
Chapter 13 trustee filed motions in 293 chapter 13 cases, seeking an order compelling respondent home loan corporation to provide loan histories and for sanctions. The court consolidated the motions and referred the matter to mediation. The parties agreed to settle the trustee's claims, and they filed a joint motion which asked the court to approve a proposed settlement agreement and general release of claims.
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:
- FRBP
Simone v. No Respondent (In re All Cases in Which Robin L. Musher is Counsel of Record)
Aug
04
2008
Ruling
Reconsideration of denial of attorneys' fees over and above amount declared in 2016 statements denied.
Procedural posture
Movant prior counsel filed a Fed. R. Civ. P. 59(e) motion for reconsideration of an order, which granted respondent substitute counsel's motion for the approval and payment of professional fees and expenses in the chapter 13 cases and denied prior counsel's objections to the fee applications.
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