- 11 U.S.C.
In re Lucci
Mar
05
2012
Ruling
Funds received postpetition in settlement of claim against business partner arising from prepetition note were property of the estate.
Procedural posture
A chapter 7 Trustee filed a motion to compel the debtors to turnover certain funds alleged to be property of the estate.
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Court
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In re Rodriguez
Feb
22
2012
Ruling
Debtor's attorneys' fees awarded due to creditor's willful violation of stay.
Procedural posture
The chapter 13 debtors filed a motion for damages under 11 U.S.C.S. § 362(k) stemming from an alleged willful violation of the automatic stay by a creditor.
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Court
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- 11 U.S.C.
In re Wedblad
Jan
25
2012
Ruling
Case dismissed for abuse pursuant to means test using IRS standards pursuant to §707(b)(2)(A), which did not unconstitutionally delegate legislative power to IRS.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b).
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Court
:
- 11 U.S.C.
In re OBiso
Nov
07
2011
Ruling
Mortgagee's failure to provide final loan modification was not grounds for disallowance of claim.
Procedural posture
A bankruptcy debtor asserted that she contacted her mortgagee to attempt a loan modification and that the mortgagee provided trial period plans in relation to the mortgagee's participation in the federal Home Affordable Mortgage Program (HAMP). The debtor moved to expunge the mortgagee's claim on the ground that the mortgagee failed to provide a final loan modification.
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Court
:
- 28 U.S.C.
Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)
Oct
24
2011
Ruling
28 U.S.C. § 1409 applies to preference proceedings and the relevant date for purposes of assessing the monetary threshold set forth by § 1409(b) is the Petition Date.
Procedural posture
This matter came before the court upon the motion of defendant, an alleged transferee, to dismiss, under Fed. R. Civ. P. 12(b)(3), the adversary complaint initiated by plaintiff, the chapter 7 trustee, for lack of proper venue pursuant to 28 U.S.C.S. § 1409(b). The trustee's complaint, pursuant to 11 U.S.C.S. § 547, sought to avoid allegedly preferential transfers to defendant in the aggregate amount of $11,211.
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Court
:
- 11 U.S.C.
Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)
Oct
24
2011
Ruling
Alleged lack of venue not grounds for dismissal of preference proceeding.
Procedural posture
This matter came before the court upon the motion of defendant, an alleged transferee, to dismiss, under Fed. R. Civ. P. 12(b)(3), the adversary complaint initiated by plaintiff, the chapter 7 trustee, for lack of proper venue pursuant to 28 U.S.C.S. § 1409(b). The trustee's complaint, pursuant to 11 U.S.C.S. § 547, sought to avoid allegedly preferential transfers to defendant in the aggregate amount of $11,211.
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Court
:
- 11 U.S.C.
In re Anthony
Aug
03
2011
Ruling
Debtor's obligation to pay condominium fees on behalf of former spouse was not a nondischargeable domestic support obligation.
Procedural posture
Debtor filed a motion to modify and reduce the proof of claim of creditor, his ex-wife, with respect to pre-petition domestic support obligations.
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Court
:
In re Garcia
Jun
24
2011
Ruling
Creditor's postpetition redemption of prepetition tax lien did not violate stay.
Procedural posture
Chapter 13 debtors filed a motion to modify the proof of claim filed by a creditor.
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Court
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In re Ocean Place Dev. LLC
Mar
31
2011
Ruling
Hotel revenues were cash collateral that could be used by debtor.
Procedural posture
Chapter 11 debtor-in-possession filed a motion for a final order approving the use of cash collateral. The secured lender, objected to debtor's motion and moved for dismissal of the debtor's bankruptcy case for cause, including bad faith, or, alternatively, for vacation of the automatic stay. The debtor operated a seaside spa and resort hotel.
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Court
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Pfeiffer v. Wulster
Mar
16
2011
Ruling
Debt owed pursuant to debtor's check forgeries was nondischargeable.
Procedural posture
This matter was before the court upon the request filed by plaintiff creditor to strike defendant debtor's pleadings for failure to provide discovery. On November 16, 2010, the court entered said Order. The court entered a subsequent order on January 11, 2011 denying debtor's Motion for Reconsideration. However, before entering a default judgment against debtor, the court scheduled a proof hearing as to the creditor's 11 U.S.C.S. § 523 complaint.
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Court
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