Judge Carruthers

In re Spencer C. Young Investments

The Bankruptcy Administrator moved to dismiss the debtor's chapter 11 case.
Ruling: 
Case dismissed due to corporate debtor's failure to obtain counsel and violation of cash collateral order.
ABI Membership is required to access the full summary of In re Spencer C. Young Investments. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 04,2009, LexisNexis #0609-064

In re Utility Craft Inc.

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A creditor filed a claim and a chapter 7 trustee filed an objection to the claim. The court issued findings of fact and conclusions of law on the claim and the objection.
Ruling: 
Store credit for item purchased from debtor and returned as defective was a general unsecured priority claim.
ABI Membership is required to access the full summary of In re Utility Craft Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 29,2008, LexisNexis #0209-112

In re Alston

Creditor filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1307(c). The creditor argued that the debtor filed the petition in bad faith.
Ruling: 
Dismissal for bad faith denied using totality of circumstances approach.
ABI Membership is required to access the full summary of In re Alston. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1208-050

In re Rouse

Chapter 13 debtors objected to the proof of claim filed by a secured creditor.
Ruling: 
Objection to proof of claim sustained where debtors overcame presumption of validity and creditor failed to meet burden of persuasion.
ABI Membership is required to access the full summary of In re Rouse. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-115

In re Thorne

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A creditor filed an application for allowance of an administrative expense claim, pursuant to 11 U.S.C.S. § 503(b)(1)(A).
Ruling: 
Creditor not entitled to administrative expense claim for costs of reinstalling mobile home which it began repossessing prior to receiving notice of filing.
ABI Membership is required to access the full summary of In re Thorne. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 11,2008, LexisNexis #0708-075

In re Montgomery

The debtors filed a motion to strike Schedule I and to determine their currently monthly income.
Ruling: 
Debtors allowed redetermination of current monthly income after obtaining lower paying jobs.
ABI Membership is required to access the full summary of In re Montgomery. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 04,2008, LexisNexis #0508-001

Ferguson v. Fisher (In re Fisher)

Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
Ruling: 
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
ABI Membership is required to access the full summary of Ferguson v. Fisher (In re Fisher). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-100

In re Fuller

Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.
Ruling: 
Security interest in mobile home, but not in real property where located, was not protected from modification.
ABI Membership is required to access the full summary of In re Fuller. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 02,2007, LexisNexis #1207-056

In re Conyers

A bankruptcy debtor proposed a chapter 13 plan which provided for bifurcation of a claim of a creditor secured by the debtor's vehicle into secured and unsecured claims based on the actual value of the vehicle. The creditor objected to confirmation of the debtor's plan, asserting that bifurcation was precluded under 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Negative equity portion of loan secured by motor vehicle could be treated as unsecured but purchase money portion was protected from bifurcation by hanging paragraph.
ABI Membership is required to access the full summary of In re Conyers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 02,2007, LexisNexis #1207-059

In re Ameritex Yarn LLC

A chapter 7 petition was entered against a debtor. The debtor consented to entry of an order of relief, and converted the case to a chapter 11 proceeding. Counsel for the committee of unsecured creditors (the Committee) filed an application for interim compensation and reimbursement for a six week period. Counsel also sought establishment of procedure for the submission of subsequent applications.
Ruling: 
Counsel fees awarded in reduced amount where case was not extraordinary and attorneys had not filed administrative expense claim for pre-apppointment services.
ABI Membership is required to access the full summary of In re Ameritex Yarn LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 05,2007, LexisNexis #1207-002

Pages

Subscribe to Judge Carruthers