- FRBP
In re VOX II LLC
Mar
05
2008
Ruling
Postconfirmation examination of debtor's sole managing partner and document production request allowed.
Procedural posture
Movant, the owner of an allowed claim (creditor) secured by a third lien on real estate owned by debtors, two limited liability companies, sought an order granting it an examination of the sole managing member of the jointly administered debtors pursuant to Fed. R. Bankr. P. 2004(b). Debtors opposed the motion on grounds of standing and also complained that a related document request was overbroad.
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Court
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In re Greebelt CT Imaging Ctr. LLC
Jan
03
2008
Ruling
Debtor could not retain accounting firm that had potentially adverse interests to the estate.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor filed an application for an order authorizing retention of an accounting firm as the debtor's accountant nunc pro tunc. A U.S. trustee and the debtor's principal secured creditor opposed the application.
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Court
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In re Smith
Dec
13
2007
Ruling
Debtor's acquisition of property, without consideration, but subject to secured claims, caused debtor to exceed chapter 13 eligibility limit.
Procedural posture
A bankruptcy trustee asserted that a bankruptcy debtor's secured debt exceeded the debt limitation of 11 U.S.C. § 109(e) for eligibility for chapter 13 relief, and that the debtor filed the case in bad faith. The trustee moved to dismiss the debtor's case.
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Court
:
- 11 U.S.C.
In re Tuck
Dec
10
2007
Ruling
Disapproval of reaffirmation agreement had no impact on stay.
Procedural posture
A debtor filed for relief under chapter 13. The debtor filed an objection to a deficiency claim of $16,167 filed by a creditor, which allegedly arose after the debtor surrendered his vehicle.
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Court
:
In re Kabia
Dec
04
2007
Ruling
Cash payments to secured creditors properly considered in calculation of trustee's compensation.
Procedural posture
A chapter 7 debtor objected to the trustee's final report and proposed distribution to creditors, asserting that the payments to the secured creditors should not be considered in the calculations of the trustee's compensation under 11 U.S.C. § 326(a).
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Court
:
In re Fotso
May
09
2007
Ruling
Debtor's attorney allowed reduced administrative expense for fees incurred in chapter 13 case prior to conversion to chapter 7.
Procedural posture
The debtors'former counsel filed an application for an order authorizing compensation of attorney's fees and reimbursement of expenses.
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Court
:
- 11 U.S.C.
Sharpe v. Hertz Corp. (In re Sharpe)
Apr
18
2007
Ruling
Creditor and state violated discharge injunction by seeking and granting suspension of debtor's driver's license.
Procedural posture
Plaintiff debtor obtained the entry of default against defendants, a creditor and its attorneys, on her adversary proceeding alleging that they knowingly and purposefully violated the chapter 7 discharge injunction under 11 U.S.C. § 524(a)(2). A hearing was set in order to fix the amount of damages awarded to the debtor.
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Court
:
- 11 U.S.C.
McDow v. Tobar (In re Tobar)
Apr
17
2007
Ruling
Discharge denied where debtor conveyed interest in property to brother and spouse postpetition.
Procedural posture
Plaintiff United States Trustee filed an adversary complaint under 11 U.S.C. § 727(a)(2)(B) seeking a denial of defendant debtor's discharge in chapter 7.
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Court
:
In re Bateman
May
01
2006
Ruling
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
Procedural posture
In separate bankruptcy cases, a trustee moved to dismiss debtors'cases on the ground that the debtors could not receive discharges under 11 U.S.C. § 1328(f) and thus were not eligible to be debtors.
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Court
:
Chelsea Woods Condo. v. Okupe (In re Okupe)
Aug
11
2005
Ruling
Creditor's motion to terminate automatic stay was granted since evidence showed a foreclosure sale on the debtor's condo occurred prior to filing.
Procedural posture
Movant creditor filed a request for an order to terminate or annul the automatic stay of 11 U.S.C. § 362(a) in order to consummate a foreclosure sale of respondent debtor's condominium unit.
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Court
: