- 11 U.S.C.
Green v. HSBC Mortg. Servs. (In re Green)
Jul
25
2012
Ruling
Lis pendens provided sufficient notice to defeat trustee's rights as bona fide purchaser for value.
Procedural posture
Before the court was a summary judgment motion of counter-defendants debtor and the chapter 13 trustee (the "Trustee" and together with debtor, the "plaintiffs"). A counter- plaintiff/cross-claimant, i.e., a mortgage servicer for the Government National Mortgage Association, cross-moved for summary judgment. The Complaint sought a determination of the validity, priority, and extent of a creditor's lien against debtor's real property ("Property").
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Court
:
- 11 U.S.C.
EagleBank v. Schlossberg (In re Korman)
Jun
29
2012
Ruling
Trust distribution to debtor was not subject to turnover where term of trust was extended beyond petition date by state court order.
Procedural posture
Plaintiff creditor and chapter 7 trustee sought turnover under 11 U.S.C.S. § 542 of a distribution to be made to defendant chapter 7 debtor from a testamentary trust.
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Court
:
- 11 U.S.C.
Nesse v. GMAC Mortg. LLC (In re Barnes)
Apr
19
2012
Ruling
Claim based on deed of trust that had not been recorded avoided.
Procedural posture
The chapter 7 trustee sought to avoid, pursuant to 11 U.S.C.S. § 544(a)(1) and (3), the claim of creditor lender based upon a deed of trust that had inadvertently not been recorded. The creditor had filed a motion for relief from stay, asserting that the property was equitably encumbered by a prior deed of trust that had been recorded.
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Court
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In re Graphic Trade Bindery Inc.
Apr
12
2012
Ruling
Voluntary dismissal granted over creditor's objection where dismissal, rather than conversion, was in best interests of estate and creditors.
Procedural posture
Movant landlord filed a motion pursuant to 11 U.S.C.S. § 1112(b) to convert chapter 11 debtor's case to chapter 7.
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Court
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Newcomer v. Litton Loan Servicing LP (In re Newcomer)
Apr
02
2012
Ruling
Debtor's attorneys' fees could not be assessed against successor loan servicer for stay and plan violations by predecessor.
Procedural posture
Before the court was the application of counsel (applicants) to plaintiff debtor for allowance of compensation for services rendered in representing debtor in an action against defendant loan servicer. The applicants sought a total of $27,394. The application was brought purportedly under 11 U.S.C.S. §§ 330(a), 507(a)(2), 503(b). The loan servicer opposed the application.
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Court
:
- 11 U.S.C.
Caymus Ventures LLC v. Jundanian (In re Jundanian)
Mar
30
2012
Ruling
Debtor had no right to participate in management of LLC as operating agreement was an executory contract that was deemed rejected when debtor failed to assume or assign.
Procedural posture
Plaintiffs filed a complaint in state court against debtor, contending that the debtor had no right to participate in the management of a limited liability company (LLC). The debtor removed the case to the bankruptcy court and plaintiffs filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Gottron v. OneWest Bank (In re Gottron)
Mar
16
2012
Ruling
Debtor could not avoid lien as to tenancy by the entireties property against both debtor and non-debtor spouse as only debtor's interest was property of the estate.
Procedural posture
A chapter 13 debtor filed a motion for valuation of collateral and to avoid the security interest of a creditor. He asked the court to bifurcate the creditor's claim under 11 U.S.C.S. § 506(a) into secured and unsecured claims.
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Court
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In re Auto Showcase of Laurel LLC
Sep
12
2011
Ruling
Lease rejected but tenant had right to occupy premises due to debtor lessor's bad faith material breach.
Procedural posture
Plaintiff Chapter 11 debtor filed a motion pursuant to 11 U.S.C.S. § 365(a) to reject its lease with a tenant so that it could sell the leasehold property to a buyer who would then lease it and provide inventory financing to an affiliate of the debtor. The debtor contended that the tenant was in material breach of the lease and had forfeited any rights to remain in possession under § 365(h). The tenant opposed the motion.
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Court
:
- 11 U.S.C.
In re Bedford Town Condo.
Aug
25
2011
Ruling
Debtor condominium complex owner's modification of adequate assurance order denied but utility termination date conditionally deferred.
Procedural posture
The chapter 11 debtor, which owned a condominium complex and owed utility payments to a creditor, filed a motion in which it sought a modification of an adequate assurance order under 11 U.S.C.S. § 366.
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Court
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In re St. Francis of Assisi Cat Rescue Inc.
Jul
21
2011
Ruling
Eviction from property in which debtor had mere possessory interest did not violate stay.
Procedural posture
A chapter 7 debtor, a cat rescue organization, filed a motion for a protective order, seeking a determination that its eviction violated the automatic stay, 11 U.S.C.S. § 362(a). The debtor also contended that the approximately 80 cats that were in the possession of a county animal control department were a protected asset of the bankruptcy estate and asked that the court restore it to the property and order the return of the cats.
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Court
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