- 28 U.S.C.
Edwards v. Vanderbilt Mortg. & Fin. Inc. (In re Edwards)
Oct
21
2013
Ruling
Arbitration of core claim that would not be resolved through claims allowance process ordered to proceed.
Issue(s)
Should debtor be compelled to arbitrate creditor's claim for violation of state fair debt collection practices law.
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Court
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- 28 U.S.C.
In re WM Six Forks LLC
Sep
23
2013
Ruling
Credit bid was a disbursement properly included in calculation of U.S. Trustee's quarterly fee.
Issue(s)
Whether a credit bid, exercised by a secured creditor under 11 U.S.C.S. § 363(k), was considered a "disbursement" for purposes of calculating the quarterly fee due to the U. S.s Trustee under 28 U.S.C.S. § 1930(a)(6).
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Court
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In re Mitchell
Sep
20
2013
Ruling
Debtor's attorneys denied administrative expense claim due to disqualifying conflict of interest not disclosed at time of employment.
Issue(s)
Did undisclosed conflict of interest require denial of debtor's attorneys' administrative expense claim for fees.
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Court
:
- 11 U.S.C.
Hutson v. United States Dept of the Army (In re Natural Gas Distribs. Inc.)
Aug
25
2009
Ruling
Transfers to Army by debtor natural gas distributor, except for spot purchases, were made pursuant to "swap agreements" and not subject to avoidance.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against defendant United States of America, Department of the Army, seeking a determination that contracts which a chapter 11 debtor, a natural gas distributor, concluded with the Army were fraudulent transfers and preferential transfers that could be avoided under 11 U.S.C.S. §§ 548(a)(1)(A) and (B), 547(b), and 550(a)(1). The parties filed cross-motions for summary judgment.
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Hutson v. M.J. Soffe Co. (In re National Gas Distribs. LLC)
Aug
25
2009
Ruling
Agreements between LLC and debtor for purchase of natural gas were not "swap agreements" and were avoidable.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against an defendant LLC, seeking a determination that contracts debtor a natural gas distributor concluded with the LLC were fraudulent transfers and preferential transfers that could be avoided under 11 U.S.C.S. §§ 548(a)(1)(A) and (B), 547(b), and 550(a)(1). The LLC filed a motion for summary judgment.
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Court
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In re Harris
May
04
2009
Ruling
Debtor could claim deduction for vehicles owned free and clear.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The chapter 13 trustee filed a motion to dismiss the debtors'case, claiming that the debtors'plan could not be confirmed because they had not applied all their projected disposable income to repaying their unsecured creditors and had not proposed their plan in good faith.
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Court
:
- 11 U.S.C.
In re Stallings
May
04
2009
Ruling
Debtor properly claimed deductions in four vehicles which were not grounds for bad faith dismissal.
Procedural posture
Debtors filed a petition under chapter 13 and a plan for repaying their creditors. The chapter 13 trustee filed a motion to dismiss the debtors' case, claiming that the debtors did not file their plan in good faith because they claimed monthly expenses on four vehicles which they were not entitled to take.
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Court
:
- 11 U.S.C.
In re Siegel
Mar
13
2009
Ruling
Debt that was part of debtor's property settlement with former spouse was not a domestic support obligation and was a general unsecured claim.
Procedural posture
The debtor filed an objection to the $ 50,000 priority claim filed by his former spouse. The issue before the court was whether the claim was for a domestic support obligation as defined in 11 U.S.C.S. § 101(14A), as such was a priority claim that, pursuant to 11 U.S.C.S. § 1322(a)(2) and § 1325(a)(1), had to be paid in full through the debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
Apropos Holdings LLC v. Faal (In re Faal)
Mar
13
2009
Ruling
Claim for damage to leased premises due to installation and removal of refrigeration equipment was not willful or malicious and was dischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The creditor contended that the debtor caused significant damage to its premises both during installation and removal of refrigeration equipment. The creditor also contended that it appeared that the debtor caused damage by hitting a floor and office wall with a sledgehammer.
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Court
:
- 11 U.S.C.
In re Parker
Feb
03
2009
Ruling
Totality of circumstances did not require dismissal of case for abuse where debtor's scheduled expenses were reasonable and there was no evidence of excessive spending.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A bankruptcy administrator filed a motion to dismiss the claim for abuse, pursuant to 11 U.S.C.S. § 707(a) or (b), and filed a motion to extend the time to object to a discharge.
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Court
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