- 11 U.S.C.
In re Adams
Jul
07
2010
Ruling
Creditor mortgagee held in contempt for continuing to assess principal, fees and costs over a prolonged period in knowing violation of stay.
Procedural posture
The Chapter 13 debtors filed a motion for a creditor to show cause why it should not be held in contempt for violating the terms of an order declaring that all mortgage payments due from the debtors to the creditor were current as of that date and enjoining any action to collect sums discharged.
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Court
:
- 28 U.S.C.
Arcadia Group LLC v. Arcadius Investors LLC (In re Arcadia Dev. LLC)
Jun
09
2010
Ruling
Bankruptcy court exercised permissive abstention and remanded sate law case related to debtor's bankruptcy.
Procedural posture
A chapter 11 debtor's membership consisted of two entities. Prior to the filing of a petition, those entities were on opposite sides of state court litigation, which was removed to this court. Plaintiff, one of the entities, for itself and derivatively on behalf of the debtor and others, filed a motion to remand and abstain. Defendant, the other entity, for itself and derivatively on behalf of the debtor and others, moved to retain jurisdiction.
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Court
:
In re Six Forks LHDH LLC
Apr
28
2010
Ruling
Assumption of lease denied as not in best interests of debtor.
Procedural posture
Before the court was debtor's motion for turnover of funds and to assume a prepetition lease. A bank, holder of a deed of trust on the property, objected to the relief requested.
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Court
:
- 11 U.S.C.
In re Century Drive LHDH LLC
Apr
28
2010
Ruling
Debtor-in-possession's assumption of postpetition lease denied as not in best interests of debtor.
Procedural posture
A chapter 11 debtor-in-possession filed a motion for turnover of funds and to assume a prepetition lease under 11 U.S.C.S. § 365. The creditor, which was a holder of a deed of trust on the property, objected on the grounds that the lease was void or voidable because it did not pre- approve the lease as required by the loan agreement with the debtor and that the lease was not in the best interests of the debtor.
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Court
:
- 11 U.S.C.
In re Thelen
Mar
23
2010
Ruling
Averaging child care expenses over six month current monthly income period was appropriate calculation and results prevented presumption of abuse from arising.
Procedural posture
A bankruptcy administrator filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(1). At issue was the appropriate formula by which to calculate the debtor's child care expenses for purposes of Official Form B22A, pursuant to which the means test was calculated.
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Court
:
- 11 U.S.C.
Myers v. Educational Credit Mgmt. (In re Myers)
Mar
09
2010
Ruling
Debtor who could maintain minimal standard of living denied undue hardship discharge of student loan debt.
Procedural posture
Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code. The debtor brought an adversary proceeding against defendant creditor, seeking a discharge of his student loan obligations to the creditor under 11 U.S.C.S. § 523(a)(8). The creditor moved for summary judgment.
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Court
:
In re Hamlin
Mar
01
2010
Ruling
Dismissal of chapter 13 case on motion of debtors granted absent motion to convert or allegations of fraud.
Procedural posture
A chapter 13 trustee filed a motion to confirm the debtors' plan. The debtors objected, contending that the IRS had filed an amended claim significantly reducing its priority claim, and that the plan payments should be reduced. At a hearing, the debtors indicated that due to a significant change in circumstances, including reduced income, they wished to dismiss their case pursuant to 11 U.S.C.S. § 1307(b). The trustee objected.
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Court
:
- 11 U.S.C.
Legrande Hospitality v. Peel (In re Peel)
Feb
19
2010
Ruling
Summary judgment in favor of debtor granted in nondischargeability proceeding due to insufficiency of allegations.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant chapter 7 debtor, seeking to except a debt from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The debtor moved for judgment on the pleadings.
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Court
:
In re Woodys Enters. Inc.
Feb
03
2010
Ruling
Plan confirmation denied due to discrepancies and inconsistencies in projection of revenue.
Procedural posture
A bankruptcy debtor proposed a plan of reorganization which provided for continued operation of the debtor's retail outlet based on infusions of cash, sales revenue, and real property leases. The debtor moved for confirmation of the plan.
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Court
:
- 11 U.S.C.
In re Forkish
Feb
02
2010
Ruling
Debtor's former spouse did not violate stay by seeking determination of amount of attorneys' fees owed in state support proceeding.
Procedural posture
Based upon a motion filed by a chapter 13 debtor, the court issued an order directing his former spouse and her attorney to show cause why sanctions should not be imposed against them for alleged violations of the automatic stay under 11 U.S.C.S. § 362 in connection with state court proceedings for attorney's fees arising from a child support dispute. The debtor also filed an objection to his former spouse's claim for the attorney's fees.
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Court
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