In re Marino
May
20
2008
Ruling
Case filed to preclude arbitration and avoid legal fees related to equitable distribution proceeding dismissed for bad faith.
Procedural posture
The creditor, a law firm that represented a debtor in a highly contentious marital and equitable distribution proceeding, filed a motion to dismiss the debtor's chapter 7 petition under 11 U.S.C.S. § 707(a), alleging that the petition was not filed in good faith.
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Court
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In re Fiero
May
12
2008
Ruling
Case dismissed due to debtor's ability to repay debts.
Procedural posture
A creditor filed a motion to dismiss the chapter 7 case of a debtor pursuant to 11 U.S.C.S. § 707(a).
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Court
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In re Tippett
May
08
2008
Ruling
Suspicious timing of case seemingly filed with sole purpose of frustrating state court litigation denied for bad faith.
Procedural posture
The chapter 13 trustee moved to dismiss debtor's chapter 13 petition, as did movant creditor, a former employee of debtor. The latter party alternatively sought relief from stay to allow her to pursue pending litigation against debtor that was set for trial two weeks after the petition was filed. At issue was whether the filing was in bad faith so that dismissal per 11 U.S.C.S. § 1307(c) was warranted.
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Court
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In re Westcrowns Inc.
Apr
28
2008
Ruling
Proof of claim for vacation pay by debtor's former president allowed over trustee's objections.
Procedural posture
A chapter 7 trustee objected to a creditor's proof of claim for vacation pay as an 11 U.S.C.S. § 507(a) priority claim.
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Court
:
- 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.
In re Lanier
Apr
18
2008
Ruling
Homestead exemption did not cover adjacent tract not linked to support, existence or enhancement of residence.
Procedural posture
A chapter 7 trustee filed an objection to debtors' claim of a homestead exemption under 11 U.S.C.S. § 522(d)(1). The debtors listed a modular home and a lot, and the trustee contended that the lot was in fact two parcels, one of which was not residential.
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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
:
- 11 U.S.C.
In re Hitt
Apr
03
2008
Ruling
Creditor's efforts to reactivate state court action against debtor violated discharge injunction.
Procedural posture
Debtor moved per 11 U.S.C.S. § 350 to reopen his chapter 7 bankruptcy and to reimpose the automatic stay relative to a lawsuit that was pending in state court on the date on which debtor's bankruptcy was filed. At issue was whether plaintiff creditor's efforts to reactivate the state court suit following the closure of the chapter 7 violated the discharge injunction under 11 U.S.C.S. § 524 or was affected by 11 U.S.C.S. § 523.
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Court
:
- 11 U.S.C.
In re Snead
Apr
01
2008
Ruling
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
Procedural posture
The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.
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Court
:
- 11 U.S.C.
In re Chapman
Mar
27
2008
Ruling
Stay extended in debtors' third chapter 13 case in one year due to substantial change in financial affairs.
Procedural posture
Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
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Court
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