- 11 U.S.C.
In re Amerson
May
16
2014
Ruling
Debtor entitled to control damages for creditor's filing of litigation in violation of stay.
Issue(s)
Was debtor entitled to damages due to creditor's willful violation of the automatic stay by filing litigation in two counties?
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Court
:
- 11 U.S.C.
Angell v. Larabee (In re Tanglewood Farms Inc.)
Apr
07
2014
Ruling
Payments within one year of petition date on loan with substantially different amounts of interest from prior payments were avoidable.
Issue(s)
Whether payments on a loan from the debtor to a cousin of the shareholder of the debtor, which were made within the one year period prior to the bankruptcy petition date, were to be avoided and recovered as preferential transfers under 11 U.S.C.S. § 547.
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Court
:
- 11 U.S.C.
In re Barefoot
Mar
18
2014
Ruling
Federal farm agency could not amend claim to reflect overpayment when original did not reflect right to setoff.
Issue(s)
Whether the USDA Farm Service Agency is entitled to a setoff based on a prepetition overpayment to the debtor and to increase its proof of claim in that amount?
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Court
:
- 11 U.S.C.
In re Dew
Mar
10
2014
Ruling
Chapter 11 trustee appointed due to creditors' loss of faith in debtor's reorganization efforts.
Issue(s)
Should a chapter 11 trustee be appointed in the case of debtors, who were engaged in the business of selling and renting mobile homes, based on based on allegations of dishonesty, incompetence, and gross mismanagement of affairs?
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Court
:
- 11 U.S.C.
In re Gatlin
Feb
18
2014
Ruling
Stay imposed in debtor's third case within one year due to good faith, except as to foreclosure sale prior to petition date that was completed postpetition.
Issue(s)
Should a stay be imposed in debtor's third case filed within one year, including as to foreclosure for which sale was completed prior to petition date but which became final postpetition?
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Court
:
- 11 U.S.C.
In re Anderson
Feb
14
2014
Ruling
Bankruptcy Technical Corrections Act of 2010 version of §724(b)(2) applied to case filed under chapter 11 in 2010 and converted to chapter 7 in 2011.
Issue(s)
Did chapter 11 expenses approved under BAPCPA have priority over IRS secured lien in case converted to chapter 7 after passage of the Bankruptcy Technical Corrections Act of 2010?
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Court
:
Godley v. Open Grounds Farm Inc. (In re Godley)
Feb
05
2014
Ruling
Debtor could not avoid lien in favor of landlord that was extinguished upon payment seven months prior to petition date.
Issue(s)
Can debtors avoid a lien for rent in favor of landlord and therefore recover its value where the underlying obligation was satisfied seven months prior to petition date?
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Court
:
- 11 U.S.C.
In re Whitney
Jan
15
2014
Ruling
Debtor could claim state exemption in property that qualified as "debtor's principal residence" under the Bankruptcy Code.
Issue(s)
Did property inherited by debtor qualify as a "principal residence in which debtor could claim a homestead exemption.
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Court
:
- 11 U.S.C.
In re Premier Hospitality Group Inc.
Dec
16
2013
Ruling
Confirmation denied due to unfair treatment of priority secured creditor's claim.
Issue(s)
Was plan proposing reamortization of creditor's secured claim fair and equitable.
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Court
:
- 11 U.S.C.
In re Ballard
Nov
05
2013
Ruling
Debtor could hire attorneys with prepetition claim for fees incurred in anticipation of filing case.
Issue(s)
Was attorney debtor sought to employ, who debtor owed prepetition fees, a disinterested person .
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Court
: