- 11 U.S.C.
In re APW Enclosure Sys.
Aug
02
2007
Ruling
Debtor's attorneys' fees disallowed due to failure to follow procedures and lack of preparation.
Procedural posture
Debtor's counsel filed a final application for compensation.
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Court
:
- 11 U.S.C.
In re Atl. Gulf Cmtys. Corp.
May
22
2007
Ruling
Funds deposited in escrow by debtor developer pursuant to state law were not property of the esate.
Procedural posture
Chapter 7 trustee filed a motion to approve the termination of an escrow account established for the protection of New York consumers and the turnover of the remaining escrow funds to the bankruptcy estate. The New York State Department of State opposed the motion.
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Court
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Official Comm. of Unsecured Creditors v. Acres of Diamonds LP (In re The IT Group Inc.)
Dec
29
2006
Ruling
Settlement payment by financial institution was protected from avoidance.
Procedural posture
Plaintiff liquidating trust brought an adversary claim against defendant transferee, seeking to avoid and recover $575,000 as a fraudulent transfer pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550. The transferee moved for summary judgment, asserting that the transfer was a non- avoidable settlement payment pursuant to 11 U.S.C. § 546(e). Transferee and the trust also filed motions in limine concerning expert witness testimony.
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Court
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In re Alterra Healthcare Corp.
Oct
16
2006
Ruling
Information in settlements filed by debtor did not relate to commercial operations and was a matter of public record.
Procedural posture
A newspaper moved to intervene in the reorganized debtor's chapter 11 bankruptcy proceeding for the limited purpose of seeking access to judicial records and proceedings. The newspaper asked the court to vacate several orders sealing records of settlement in the case.
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Court
:
- 11 U.S.C.
In re Fowler
Sep
11
2006
Ruling
Debtor who owned car outright was still allowed to take ownership deduction specified in IRS Local Transportation Expense Standards.
Procedural posture
Debtor filed a chapter 7 bankruptcy complaint, and the United States Trustee ("UST") filed a motion to dismiss the case pursuant to 11 U.S.C. § 707(b)(2) and (b)(3). The issue was whether debtor, for purposes of section 707(b)(2)(A)(ii)(I), could take the ownership deduction specified in the IRS Local Transportation Expense Standards for a car she owned, which was not collateral for any debt.
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Court
:
- 11 U.S.C.
In re Anderson
Aug
31
2006
Ruling
Post-reposssession letter claiming deficiency violated discharge injunction.
Procedural posture
Before the court was the "Emergency Petition for Rule to Show Cause for Violation of Bankruptcy Discharge Injunction" filed by debtors. The creditor concerned opposed the requested relief.
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Court
:
In re Pennington
Aug
30
2006
Ruling
Court considered debtor's anticipated income and expenses in dismissing chapter 7 case for substantial abuse.
Procedural posture
The United States Trustee ("UST") filed a motion to dismiss the chapter 7 case of a debtor for abuse pursuant to 11 U.S.C. § 707(b)(1) and (3).
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Court
:
- 11 U.S.C.
Moore v. Strickland (In re Strickland)
Aug
21
2006
Ruling
Discharge denied due to debtor's failure to list business in schedules.
Procedural posture
Plaintiff former husband sued defendant debtor, objecting to the dischargeability of any debt due to him as support pursuant to 11 U.S.C. § 523(a)(2)(B), (a)(4) and (a)(5) and objecting to the discharge of the debtor for failing to disclose assets on her schedules pursuant to 11 U.S.C. § 727(a)(4). The bankruptcy court held a trial on the merits.
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Court
:
In re Paret
Aug
01
2006
Ruling
Court ruled that in determining whether substantial abuse of chapter 7 existed, totality of circumstances test included consideration of debtor's ability to repay creditors.
Procedural posture
The trustee moved to dismiss a debtor's chapter 7 case based upon the totality of the debtor's financial circumstances.
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Court
:
In re Perez
Jul
05
2006
Ruling
Trustee's motion to value debtors'property as of conversion date and employ realtor denied absent evidence of bad faith.
Procedural posture
A bankruptcy trustee moved for employment of a real estate broker to sell debtors'residence, but the debtors proposed to refinance the residence and pay the estate the value of the residence less exemptions, secured debt on the residence, and costs of sale.
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Court
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