- 11 U.S.C.
Angell v. Conner (In re Conner)
Aug
25
2009
Ruling
Non-disclosure of inherited property that debtor had been advised by attorney not to disclose was not grounds for denial of discharge.
Procedural posture
In a chapter 7 proceeding, this adversary proceeding was before the court on plaintiff trustee's request for the denial of discharge under 11 U.S.C.S. § 727.
ABI Membership is required to access the full summary of Angell v. Conner (In re Conner) 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 Seahawk Props. LLC
Jun
18
2009
Ruling
Second chapter 11 case not filed in bad faith where voluntary dismissal in prior case was in anticipation of refinancing that did not materialize.
Procedural posture
Debtor filed for chapter 11 relief. Debtor had filed a previous chapter 11 petition which was dismissed on debtor's own motion. In the prior case, debtor had entered into a consent order with creditor pursuant to which debtor was required to make adequate protection payments to creditor. Debtor defaulted under the terms of the consent order. Creditor moved to dismiss the instant chapter 11 petition.
ABI Membership is required to access the full summary of In re Seahawk Props. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States v. Buck (In re Buck)
May
20
2009
Ruling
Claims by Farm Service Agency secured by tractor and crop proceeds were nondischargeable due to debtor's willful and malicious disposal of collateral.
Procedural posture
The United States moved for summary judgment on the issue of whether certain debts reflecting loans made to debtor by the Farm Service Agency (FSA) were nondischargeable under 11 U.S.C.S. § 523(a)(6). Both loans were secured by debtor's farm equipment, crops and proceeds thereof, and no dispositions of collateral was authorized.
ABI Membership is required to access the full summary of United States v. Buck (In re Buck) 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 Smith
Apr
29
2009
Ruling
Consolidation of debtors' chapter 11 cases denied where debtors were distinct entities.
Procedural posture
A creditor and the bankruptcy administrator objected to the debtors' motion for substantive consolidation of their chapter 11 cases.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Forbes Transp. LLC
Apr
02
2009
Ruling
Case converted to chapter 7 rather than voluntarily dismissed due to debtor's transfer of cash collateral to principal in violation of court order.
Procedural posture
The debtors filed motions to dismiss their chapter 11 bankruptcy cases. A secured creditor requested that the cases be converted to chapter 7, pursuant to 11 U.S.C.S. § 1112(b)(1).
ABI Membership is required to access the full summary of In re Forbes Transp. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Easthaven Marina Group LLC v. B&M Holdings LLC (In re Easthaven Marina Group LLC)
Mar
13
2009
Ruling
Faulty deed of trust gave rise to secured claim on theory of estoppel due to debtor's conduct.
Procedural posture
Debtor filed an action against a property seller alleging that the obligation asserted by the seller in its claim was invalid and unenforceable because of a faulty deed of trust. The debtor filed a motion for summary judgment.
ABI Membership is required to access the full summary of Easthaven Marina Group LLC v. B&M Holdings LLC (In re Easthaven Marina Group 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 Mozingo
Mar
10
2009
Ruling
Untimely claim disallowed despite lack of notice due to credit card assignee creditor's failure to notify debtor of assignment.
Procedural posture
The chapter 13 trustee objected to a creditor's claim in a debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 502(b)(9) and Fed. R. Bankr. P. 3002(c).
ABI Membership is required to access the full summary of In re Mozingo 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 Eagle Creek Subdivision LLC
Mar
09
2009
Ruling
Chapter 11 trustee appointed due to dishonesty of managing LLC.
Procedural posture
In consolidated cases, the debtors filed for relief under chapter 11. The committee of holders of junior deeds of trusts and owners of tenancy-in-common interests (the Committee) filed a motion for appointment of a trustee, pursuant to 11 U.S.C.S. § 1104.
ABI Membership is required to access the full summary of In re Eagle Creek Subdivision 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 Easthaven Marina Group LLC
Feb
25
2009
Ruling
Motion to dismiss denied where totality of circumstances demonstrated debtor had filed in bad faith.
Procedural posture
The debtor filed for chapter 11 bankruptcy protection. The debtor's schedules provided for a contingent and disputed unsecured claim in favor of a holding company. The schedules included two additional unsecured creditors. The holding company moved to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(1). The court held a hearing on the motion.
ABI Membership is required to access the full summary of In re Easthaven Marina Group 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 Heights Subdivision LLC
Feb
12
2009
Ruling
Debtor that owned subdivision could not assume contract with developer that it had breached.
Procedural posture
A debtor filed a motion to assume an executory contract with a developer, pursuant to 11 U.S.C.S. § 365.
ABI Membership is required to access the full summary of In re Heights Subdivision LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: