- 11 U.S.C.
In re Biedermann Mfg. Indus.
Mar
31
2011
Ruling
Debtor's accounts payable were property of the estate and could be used as cash collateral.
Procedural posture
Debtor manufacturing company filed a petition under chapter 11 of the Bankruptcy Code and asked the court for permission to use cash collateral pursuant to 11 U.S.C.S. § 363. A bank that held a secured interest in the debtor's accounts, inventory, equipment, and general intangibles filed an objection, claiming that the money in the debtor's accounts was not property of the debtor's bankruptcy estate under 11 U.S.C.S. § 541.
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Court
:
- 11 U.S.C.
In re Thorne
Mar
24
2011
Ruling
IRS claim for trust fund employment tax liability reduced due to debtors' inability to dispute application of payments.
Procedural posture
The Internal Revenue Service (IRS) filed a proof of claim with regard to the Chapter 13 debtors' "trust fund" employment tax liability for the fourth quarter of 2006. The debtors objected to the claim under 11 U.S.C.S. § 502, arguing that their failure to pay all taxes due did not meet the "willfulness" requirement of 26 U.S.C.S. § 6672(a) and that the amount of the claim was overstated.
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Court
:
- 11 U.S.C.
In re Harvest Oaks Drive Assocs. LLC
Mar
23
2011
Ruling
Cash collateral order approved subject to creditor's motion for relief from stay.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and continued to operate its business renting space in a shopping center as a debtor in possession. The debtor filed an emergency motion for authority to use cash collateral pursuant to 11 U.S.C.S. § 363. A secured creditor filed an objection to the debtor's motion.
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Court
:
- 11 U.S.C.
In re Harvest Oaks Drive Assocs. LLC
Mar
23
2011
Ruling
Inadvertent error of debtor's counsel in failing to identify source of retainer was not grounds for disgorgement of fees.
Procedural posture
Prior to a bankruptcy petition of a debtor which was in the business of leasing retail shopping space, the debtor paid a first retainer to counsel and a principal of the debtor subsequently made a second retainer payment to counsel. A lender secured by the debtor's commercial real property moved for an order requiring counsel to disgorge the retainers or the unused portion of the retainers.
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Court
:
In re Reeves
Mar
08
2011
Ruling
Debtors' claimed exemption did not preclude trustee's sale of property.
Procedural posture
Debtors filed a petition under Chapter 7 of the Bankruptcy Code and a trustee was appointed to administer the debtors' bankruptcy estate. The trustee filed a motion for authority to conduct a sale of real property the debtors owned, free and clear of liens, and to approve a carve out for administrative costs and unsecured claims. The debtors filed an objection to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Harvest Oaks Drive Assocs. LLC
Jan
14
2011
Ruling
Creditor not entitled to default rate of interest for period prior to payment default.
Procedural posture
Chapter 11 debtor objected to a claim filed by a creditor.
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Court
:
In re South Bay Props. LLC
Nov
10
2010
Ruling
Bad faith dismissed denied as premature when it was not yet clear if debtor could file a confirmable plan.
Procedural posture
Debtor, a North Carolina limited liability company, filed a petition under Chapter 11 of the Bankruptcy Code, and movant creditor filed a motion to dismiss the debtor's case, pursuant to 11 U.S.C.S. § 1112(b), contending that the case was filed in bad faith. A corporation that sold land to the debtor filed a response in support of the creditor's motion. The debtor opposed the motion.
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Court
:
In re CCWP LLC
Oct
27
2010
Ruling
Debtor authorized to use cash collateral for interim period solely to fund ordinary and necessary costs of operating and maintaining business.
Procedural posture
Chapter 11 debtor sought an order authorizing it to use cash collateral and to provide adequate protection to the lender.
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Court
:
In re FFG 1 LLC
Oct
25
2010
Ruling
Debtor authorized to use cash collateral where creditor prepetition creditor was granted security interest that would not be subordinated.
Procedural posture
Before the court was a proposed interim order authorizing the debtor to use cash collateral and provide adequate protection for the period November 1 through 30, 2010. The creditor, to whom the debtor was indebted pre-petition, was willing to do so only upon the terms and conditions expressly contained therein. Debtor's principals had personally guaranteed the indebtedness.
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Court
:
In re Carpenter
Sep
15
2010
Ruling
Relief from stay denied where creditor's deed was recorded in violation of stay in debtor' prior case and property belonged to estate in current case.
Procedural posture
A creditor filed a motion for relief from automatic stay against the chapter 13 debtors under 11 U.S.C.S. § 362.
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Court
: