In re Kersner
Mar
16
2009
Ruling
Debtors and counsel sanctioned for filing under chapter 13 when debtors exceeded debt limit.
Procedural posture
Pursuant to Fed. R. Bankr. P. 9011(b), movant creditors sought sanctions against the debtors and their counsel on the grounds that there was no reasonable argument or evidentiary support to establish their 11 U.S.C.S. § 109(e) eligibility at the time a chapter 13 bankruptcy petition was filed. The creditors also alleged that the debtors violated Fed. R. Bankr. P. 9011 by filing a motion to reconsider. The court held a hearing on the motions.
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Court
:
- 11 U.S.C.
Rimal v. Gunawan Kuntho Wibisono (In re Gunawan Kuntho Wibisono)
Mar
16
2009
Ruling
Debtor's debt to investor was nondischargeable due to false representation.
Procedural posture
Plaintiff filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that the debtors owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B). The case was tried to the court.
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Court
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Smith v. Oak Grove Util. Co. LLC (In re Smith)
Jan
16
2009
Ruling
Debtor sanctioned for failure to respond to interrogatories related to claim it had alleged was false.
Procedural posture
Plaintiff chapter 13 debtor sued defendant creditor, alleging that the acceleration of the debtor's postpetition obligations for the remaining term of a declaration for deferred water and sewer charges was a gross violation of the 11 U.S.C.S. § 362(a) automatic stay, and that the creditor's proof of claim was false, fraudulent, and not a valid debt. The creditor moved to compel discovery and for discovery sanctions.
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Court
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In re Mortgage Banking Trust
Jul
23
2008
Ruling
Personal trust was not an eligible debtor.
Procedural posture
Movant sought to dismiss, pursuant to 11 U.S.C.S. § 1112, the chapter 11 filing by debtor, an alleged business trust, on the grounds that the debtor was not eligible to seek bankruptcy relief under 11 U.S.C.S. § 109(d).
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Court
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Nesse v. United States (In re USProtect Corp.)
Jul
10
2008
Ruling
Bankruptcy court had jurisdiction over trustee's claim that United States forfeiture action against debtor's bank account was subject to stay.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant United States seeking a declaration that the government's forfeiture action against a bank account of a bankruptcy debtor was subject to the automatic bankruptcy stay. The government moved to dismiss the complaint for lack of jurisdiction.
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Court
:
- FRBP
In re Final Analysis Inc.
May
16
2008
Ruling
Assignment of claim in involuntary case allowed over creditors' objections.
Procedural posture
Creditors of a corporate debtor filed an involuntary petition against the debtor under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. A creditor who was employed by the debtor transferred his claim to an assignee, and other creditors filed an objection to the transfer.
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Court
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In re Chim
Jan
25
2008
Ruling
Court declined to approve reaffirmation agreement due to presumption of undue hardship.
Procedural posture
Chapter 7 debtor filed a motion to approve a reaffirmation agreement with a lender pursuant to 11 U.S.C.S. § 524(c).
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Court
:
In re Byrd
Sep
27
2007
Ruling
Discharge denied due to debtors'ongoing violations of production orders.
Procedural posture
Petitioner chapter 7 trustee filed a motion to hold respondent debtors in contempt and for an award of monetary sanctions based on their violations of a production order and 11 U.S.C. § 521.
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Court
:
- 11 U.S.C.
King v. Wells Fargo Bank (In re King)
Mar
20
2007
Ruling
Foreclosure sale in debtor's third case in one year period violated co-debtor stay.
Procedural posture
Movant debtor filed a motion to avoid a respondent creditor's postpetition foreclosure sale of the debtor's residence as violating the codebtor stay of 11 U.S.C. § 1301.
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Court
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