May
10
2010
In re Bowen
The former spouse of a bankruptcy debtor asserted that a state-court award to the spouse of a percentage of the debtor's retirement benefits was a domestic support obligation which was not dischargeable. The spouse moved for relief from the automatic bankruptcy stay to allow the spouse to obtain a qualified domestic relations order from the state court.
Ruling:
Enforcement of domestic support obligation was not subject to stay.
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Consumer case opionion summary, case decided on May 10,2010, LexisNexis #0810-037
May
07
2010
In re Fountain Powerboat Indus.
Investment banker for debtors filed an application for compensation. The court previously had approved employment of the investment banker pursuant to 11 U.S.C.S. § 327 to handle the sale of the debtor's assets.
Ruling:
Fee application of investment banker whose employment by estate was approved allowed in full.
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Commercial case opionion summary, case decided on May 07,2010, LexisNexis #0810-038
Apr
28
2010
In re Six Forks LHDH LLC
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.
Ruling:
Assumption of lease denied as not in best interests of debtor.
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Commercial case opionion summary, case decided on April 28,2010, LexisNexis #0710-111
Apr
28
2010
In re Century Drive LHDH LLC
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.
Ruling:
Debtor-in-possession's assumption of postpetition lease denied as not in best interests of debtor.
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Commercial case opionion summary, case decided on April 28,2010, LexisNexis #0710-113
Mar
23
2010
In re Thelen
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.
Ruling:
Averaging child care expenses over six month current monthly income period was appropriate calculation and results prevented presumption of abuse from arising.
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Consumer case opionion summary, case decided on March 23,2010, LexisNexis #0710-024
Mar
12
2010
In re Calderon
Debtors filed a petition for relief under chapter 7 of the Bankruptcy Code. The Internal Revenue Service (IRS) and the Michigan Department of Revenue (Michigan DOR) filed tax liens. The debtors moved to avoid the liens of the IRS and the Michigan DOR. The IRS and the Michigan DOR did not oppose the motions. The debtors' attorney requested presumptive fees.
Ruling:
Debtor could not avoid IRS or state tax liens.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-010
Mar
12
2010
In re TAAF LLC
The court previously entered an Order for Apprehension of Personal Representative of Debtors to Compel Attendance for Examination Under Fed. R. Bankr. P. 2005. Pursuant to that order, the United States Marshal was directed to apprehend and take custody of the corporate officer and/or managing member of three corporate debtors.
Ruling:
Apprehension order for debtor's corporate officer granted due to willful failure to appear at examination.
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Commercial case opionion summary, case decided on March 12,2010, LexisNexis #0610-065
Mar
12
2010
In re Daniels
The bankruptcy administrator filed a motion requesting that the attorney for debtors in five unrelated cases appear in court and show cause why he should not be required to disgorge all pre-petition and postpetition fees not previously applied for or disclosed to the court, and should not be sanctioned for failure to disclose the fees.
Ruling:
Attorney ordered to disgorge fees never or improperly disclosed, often for useless or unperformed services.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-002
Mar
11
2010
In re Center 130 LLC
Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code and continued to operate as debtor-in-possession. Movant creditor moved for relief from the automatic stay under 11 U.S.C.S. § 362.
Ruling:
Relief from stay denied to high bidder at prepetition foreclosure sale as property was necessary for effective reorganization.
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Commercial case opionion summary, case decided on March 11,2010, LexisNexis #0610-042
Mar
09
2010
Myers v. Educational Credit Mgmt. (In re Myers)
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.
Ruling:
Debtor who could maintain minimal standard of living denied undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-089
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