Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.)
Oct
07
2011
Ruling
Good faith allegation of amount of alleged preferential transfers was determinative in hearing on motion for change of venue for failure to meet threshold amount.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant corporation to avoid and recover preferences or fraudulent transfers. Defendant filed a motion to transfer venue on the ground that based on its affirmative defenses, any debt recoverable in this action would be less than the threshold amount of $11,725 required under 28 U.S.C.S. § 1409(b).
ABI Membership is required to access the full summary of Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
B&W Remodeling Inc. v. Cofield (In re Cofield)
Sep
15
2011
Ruling
Debt to creditor who repaired debtor's mobile home was nondischargeable due to numerous false misrepresentations on which creditor relied.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4), claiming a right to payment of the remaining funds held in a restricted escrow account, and seeking priority for its lien against real property.
ABI Membership is required to access the full summary of B&W Remodeling Inc. v. Cofield (In re Cofield) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Clifton
Sep
14
2011
Ruling
Case converted to chapter 7 in best interests of creditors and estate given failure to sell properties that were declining in value.
Procedural posture
A chapter 11 debtor's spouse (the movant) filed a motion to convert her case to one under chapter 7 pursuant to 11 U.S.C.S. § 1112(b). The Bankruptcy Administrator filed a response in support of the motion to convert.
ABI Membership is required to access the full summary of In re Clifton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re SUD Props.
Aug
23
2011
Ruling
Confirmation denied where plan treatment of creditor did not provide indubitable equivalent of secured claim.
Procedural posture
Debtor, a single asset real estate case as defined in 11 U.S.C.S. § 101(51B), filed a second petition for relief under chapter 11, and submitted a plan for confirmation, proposing to transfer certain secured parcels to the secured creditor in a partial "dirt for debt" plan. The creditor objected, asserting that it did not receive fair and equitable treatment under 11 U.S.C.S. § 1129(b)(2)(A)(iii).
ABI Membership is required to access the full summary of In re SUD Props. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Shaw
Feb
02
2011
Ruling
Creditors were precluded from reopening case in order to pursue criminal claims against debtor when they had not done so while case was open.
Procedural posture
Creditors sought to reopen a debtor's chapter 7 case to determine if they were enjoined under 11 U.S.C.S. § 524(a) from presenting facts of their dealings with the debtor and his business to appropriate law enforcement agencies or governmental authorities.
ABI Membership is required to access the full summary of In re Shaw Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Canovali
Jan
27
2011
Ruling
Creditor not entitled to relief from confirmation order where it had full notice of treatment and did not pursue objection.
Procedural posture
A creditor filed a motion for relief from an order confirming Chapter 11 debtors' plan.
ABI Membership is required to access the full summary of In re Canovali Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Boyette
Nov
17
2010
Ruling
Claim based on prepetition premarital agreement did not arise postpetition and needed to be administered as part of chapter 13 plan.
Procedural posture
Pending was a claimant's Motion to Determine Status of a Claim and debtor's response. The claimant requested that the court determine that (1) the obligation owed to her was a post-petition obligation which was not subject to discharge, and (2) the provisions of the automatic stay did not prevent her from filing a domestic action in State court which would include division of marital property, allocation of debts, and equitable distribution.
ABI Membership is required to access the full summary of In re Boyette Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Northern Outer Banks Assocs. LLC
Nov
08
2010
Ruling
Relief from stay granted in single asset real estate case where debtor had not filed plan or commenced interest payments.
Procedural posture
Debtor, a North Carolina limited liability company, filed a petition under Chapter 11 of the Bankruptcy Code, and a bank filed a motion for relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy or, in the alternative, for adequate protection. The debtor opposed the bank's motion.
ABI Membership is required to access the full summary of In re Northern Outer Banks Assocs. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Northern Outer Banks Assocs. LLC
Nov
08
2010
Ruling
Plan allowing debtor to retain sole asset for 18 months and require secured lender to accept lower rate of interest was not fair and equitable and not confirmable.
Procedural posture
Debtor, a North Carolina limited liability company, filed a petition under Chapter 11 of the Bankruptcy Code and proposed a plan for repaying debts it owed to its creditors. A bank that held a secured interest in the only asset the debtor owned--approximately 5.35 acres of undeveloped land located in Southern Shores, North Carolina--filed an objection to the debtor's plan.
ABI Membership is required to access the full summary of In re Northern Outer Banks Assocs. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Long
Oct
08
2010
Ruling
Debtor's request to excuse filing of Schedules I and J due to one time retirement account withdrawal denied.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and they asked the court to excuse them from duties they had under 11 U.S.C.S. §§ 521(a)(1)(B)(ii) and 101(10A)(A)(i) to file the form for reporting their monthly income (Schedule I), the form for reporting their monthly expenses (Schedule J), and the form for reporting their monthly disposable income (Official Bankr. Form 22).
ABI Membership is required to access the full summary of In re Long Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: