In re Rogers
Jul
08
2013
Ruling
Unsecured deficiency claim arising from post-discharge default foreclosure was discharged in debtor's case.
Procedural posture
A credit union filed a motion seeking a determination that the discharge granted to the chapter 13 debtors did not extinguish their liability for a deficiency arising from a post- discharge default and foreclosure sale. The debtors asserted that the deficiency was not excepted from discharge under 11 U.S.C.S. §§ 1328(a), 1322(b)(5), and 1322(b)(2).
ABI Membership is required to access the full summary of In re Rogers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Sea Horse Realty & Constr. Inc. v. CitiMortgage Inc. (In re Sea Horse Realty & Constr. Inc.)
Jun
17
2013
Ruling
Stay pending appeal granted to prevent distribution of proceeds of sale of property pursuant to deed of trust disputed by debtor.
Procedural posture
Creditor filed a motion for a stay pending appeal of two orders pursuant to Fed. R. Bankr. P. 8005
ABI Membership is required to access the full summary of Sea Horse Realty & Constr. Inc. v. CitiMortgage Inc. (In re Sea Horse Realty & Constr. Inc.) 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 Tosh
Jun
11
2013
Ruling
Debtor's counsel's application for compensation denied because counsel's employment had not been authorized.
Procedural posture
Debtor's chapter 11 plan of reorganization was confirmed. Counsel filed an application for employment nunc pro tunc. While his application for employment was pending, counsel filed an application for compensation for services provided and expenses incurred as counsel for the debtor. The bankruptcy administrator objected to the application. The court entered an order denying counsel's application for employment nunc pro tunc.
ABI Membership is required to access the full summary of In re Tosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Butler v. Johnson (In re Johnson)
Jun
04
2013
Ruling
Unintentional misstatements and omissions by illiterate debtor were not grounds for denial of discharge.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Trustee initiated an adversary proceeding against the debtor, seeking denial of his discharge pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), and (a)(4)(A). The trustee moved for summary judgment. The trustee also filed a motion seeking an order declaring the requests for admission be deemed admitted for purposes of his summary judgment motion.
ABI Membership is required to access the full summary of Butler v. Johnson (In re Johnson) 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 Tosh
May
21
2013
Ruling
Attorney's nunc pro tunc motion for approval of employment denied due to unreasonable delay.
Procedural posture
The chapter 11 debtor's counsel filed an application for nunc pro tunc approval of his employment under 11 U.S.C.S. § 327. He sought relief on the grounds of excusable neglect.
ABI Membership is required to access the full summary of In re Tosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bolton v. Jacobson (In re Province Grande Olde Liberty LLC)
May
17
2013
Ruling
Relief from stay and motion for abstention granted to allow state court to adjudicate action arising out of alleged Ponzi scheme.
Procedural posture
Investors filed a state court action against debtor and others arising from an alleged Ponzi scheme. The investors sought relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and mandatory abstention and remand to the state court under 28 U.S.C.S. § 1334(c)(2).
ABI Membership is required to access the full summary of Bolton v. Jacobson (In re Province Grande Olde Liberty LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Ecast Corp.
May
16
2013
Ruling
Motion to compel cure payment under license agreement denied as not entitled to priority over other administrative expense claims.
Procedural posture
In a bankruptcy case, a creditor filed a motion to compel a cure payment called for under a license agreement executed by the creditor and the debtor. The motion was opposed by the bankruptcy trustee.
ABI Membership is required to access the full summary of In re Ecast Corp. 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 Holzapfel
May
15
2013
Ruling
Debtor's pending state court action arising out of 1977 stock purchase and commenced more than 10 years after case was closed could be abandoned.
Procedural posture
A debtor filed an amended motion for entry of an order directing a chapter 7 trustee to abandon certain property of the estate, a pending state court action, pursuant to 11 U.S.C.S. § 554. The defendant in the state court case objected to the motion.
ABI Membership is required to access the full summary of In re Holzapfel 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 Johnston
May
02
2013
Ruling
Relief from stay granted as to state court action from which bankruptcy court abstained.
Procedural posture
Plaintiff moved for relief from the automatic stay, to which debtor objected. Also before the court were plaintiff's motions for abstention, permissive or mandatory, and for remand to the Superior Court of New Hanover County, North Carolina pursuant to 28 U.S.C.S. §§ 1334(c), 1447 (c) and 1452(b).
ABI Membership is required to access the full summary of In re Johnston Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Angell v. Meherrin Agric. & Chem. Co. (In re Tanglewood Farms Inc.)
May
01
2013
Ruling
Chapter 7 trustee could not avoid preconversion transfers made by debtor while a chapter 11 debtor in possession.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant creditor, seeking a determination that he was allowed under 11 U.S.C.S. §§ 544, 547-551, and N.C. Gen. Stat. § 39- 23.1 et seq. to avoid transfers a corporation ("debtor") made to the creditor while the debtor was in chapter 11 bankruptcy. The creditor filed a motion to dismiss.
ABI Membership is required to access the full summary of Angell v. Meherrin Agric. & Chem. Co. (In re Tanglewood Farms Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: