- 11 U.S.C.
In re Gunter
Apr
22
2008
Ruling
Trustee's abandonment of property did not deprive bankruptcy court of jurisdiction over its disposition.
Procedural posture
A mortgage company with a mortgage on property (mortgagee) asked the court to determine the status of property that debtor claimed to have bought from a vendor and whether it had been abandoned by the trustee. The mortgagee's motion also sought the status of a motion filed by a creditor who claimed to have a lien on the same property by reason of a judgment she recovered against the vendor and who had sought relief from stay to pursue that claim.
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Court
:
- 11 U.S.C.
Klingerman v. ExecuCorp LLC (In re Klingerman)
Apr
10
2008
Ruling
Debtor's interest in LLC became property of the estate on petition date so that the estate had standing to request dissolution.
Procedural posture
Plaintiff debtor, who was a founding member of defendant limited liability corporation (LLC), commenced an adversary proceeding to judicially dissolve and wind up the LLC. Defendant, another member (member), asserted that the debtor ceased to be a member of the LLC when he filed a bankruptcy petition and thus lacked standing to seek dissolution.
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Court
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In re Pearson
Mar
07
2008
Ruling
Hanging paragraph did not apply to prevent modification of loan secured by vehicle primarily driven by debtor's spouse.
Procedural posture
A creditor objected to confirmation of the debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Evans
Feb
14
2008
Ruling
Creditor sanctioned for repossessing debtor's vehicle on New Year's Eve in violation of stay and failing to promptly return the vehicle upon notice of violation.
Procedural posture
Movant, a chapter 13 debtor, sought sanctions against a creditor on a claim that the creditor had violated the automatic stay imposed under 11 U.S.C.S. § 362. The creditor failed to cure the violation despite notice from debtor's counsel, did not oppose the motion, and did not appear in defense at the hearing.
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Court
:
- 11 U.S.C.
In re LLS Mgmt. Co.
Feb
11
2008
Ruling
Shredding of patient records of debtor smoking cessation center and retention of CD containing patients' information was proper procedure.
Procedural posture
The chapter 7 trustee filed a motion to determine whether debtor was a "health care business" as that term was defined by 11 U.S.C.S. § 101(27A). Specifically at issue was the proper disposition of records maintained by debtor in connection with its operation of a smoking cessation program.
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Court
:
- 11 U.S.C.
In re Williams
Oct
25
2007
Ruling
Above-median debtor without disposable income was not required to propose five year plan term.
Procedural posture
A debtor filed a petition under chapter 13 and a plan for repaying his creditors. A creditor filed an objection to confirmation of the debtor's plan, claiming that it failed to commit all of the debtor's disposable income to the payment of unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). The chapter 13 trustee claimed that the plan should not be confirmed because it was not filed in good faith.
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Court
:
- 11 U.S.C.
Hutson v. Smithfield Packing Co. (In re Natl Gas Distribs. LLC)
May
24
2007
Ruling
Forward agreement for sale of natural gas by debtor was not a swap agreement so that transfers thereunder were avoidable.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant purchaser of natural gas from a bankruptcy debtor, seeking to avoid transfers of gas to the purchaser as fraudulent under 11 U.S.C. § 548(a)(1). The purchaser moved to dismiss the complaint or, in the alternative, for summary judgment, because the transfers were made in connection with a swap agreement and thus not subject to avoidance under 11 U.S.C. § 546(g).
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Court
:
- 11 U.S.C.
In re Price
Mar
06
2007
Ruling
Strip down allowed where secured claim included obligations separate from and in addition to purcahse price of vehicle.
Procedural posture
Chapter 13 debtors submitted for confirmation a proposed plan that would bifurcate creditor's claim which was secured by debtors'motor vehicle pursuant to 11 U.S.C. § 506, strip down the secured part of the claim to the current value of the vehicle. Creditor filed an objection, asserting the plan violated the prohibition on bifurcation in 11 U.S.C. § 1325(a), because the debt in issue created a purchase money security interest.
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Court
:
- 11 U.S.C.
Natl Gas Distribs. v. Branch Banking & Trust Co. (In re Natl Gas Distribs.)
Jul
31
2006
Ruling
Note payments made to bank were deemed not paid under ordinary business terms and, thus, were avoidable preferential transfers.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bank, seeking to recover note payments made by the bankruptcy debtor to the bank as preferential transfers. The trustee moved for summary judgment, and the bank asserted the defense under 11 U.S.C. § 547(c)(2) that the note payments were made according to ordinary business terms.
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Court
:
- 11 U.S.C.
In re Donald
Jun
12
2006
Ruling
Reaffirmation agreement was approved since it was in best interest of debtors and was required for debtors to retain car.
Procedural posture
At a discharge hearing pursuant to 11 U.S.C. § 524(d), the court had to consider whether to approve a reaffirmation agreement between the chapter 7 debtors and a secured creditor under section 524(c)(6)(A) as being in the best interest of the debtors. The debtors argued that they could retain their car by making their payments even if the court disapproved the reaffirmation agreement, thereby making it unenforceable.
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Court
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