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
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In re Gay
Jun
27
2008
Ruling
Debtor's attorneys' fees allowed in reduced amount due to failure to disclose payment by non- debtor entity.
Procedural posture
The attorney for a chapter 11 debtor filed an application for compensation, seeking approximately $ 88,000 in attorney's fees and costs.
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Court
:
- 11 U.S.C.
In re Belcher
Jun
03
2008
Ruling
Trustee's counsel fees allowed in reduced amount where requested fee was out of proportion to results.
Procedural posture
Before the court was a final application for allowance of attorney's fees to counsel for the chapter 7 trustee in the case of the male debtor. The applicants sought compensation of $ 11,696. The application presented an unusual situation in that the chapter 7 trustee liquidated no assets and made no distribution in this consolidated case.
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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 Pinckney
May
09
2008
Ruling
Chapter 13 case ordered converted or dismissed due to secured debt in excess of limits.
Procedural posture
A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed on the ground that the schedules listed more secured debt than the maximum allowed under 11 U.S.C.S. § 109(e).
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Court
:
- 11 U.S.C.
Dubois v. Lindsley (In re Lindsley)
Apr
22
2008
Ruling
Judgment based on debtor's improper sale of mitigation credits was nondischargeable.
Procedural posture
Plaintiffs creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in an action they filed in the Circuit Court for Anne Arundel County (Maryland) was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The case was tried to the court.
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Court
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In re Johnson
Mar
25
2008
Ruling
Confirmation vacated due to debtor's willful destruction of property and insurance fraud.
Procedural posture
Before the court, on remand from the U.S. District Court for the District of Maryland, was a creditor's motion to reconsider seeking a ruling per Marrama that debtor's prepetition conduct amounted to cause for reconversion or dismissal under 11 U.S.C.S. § 1307(c) and therefore the conversion of the case to chapter 13 amounted to an abuse of process.
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Court
:
- 11 U.S.C.
Logan v. Williams (In re Williams)
Mar
17
2008
Ruling
Debtor's separated but not divorced from non-debtor spouse with no joint creditors entitled to exemption for home owned by the entireties.
Procedural posture
Plaintiff chapter 7 trustee filed an objection to exemptions claimed by defendant chapter 7 debtor. The trustee and defendants, including the debtor's former wife, filed cross- motions for summary judgment in the trustee's complaint for avoidance of lien, turnover of property, and damages.
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Court
:
- 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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