In re Chantalenkay
Jan
07
2010
Ruling
Confirmation denied in "chapter 20" case given evidence of bad faith.
Procedural posture
The chapter 13 debtors sought confirmation of their proposed plan pursuant to 11 U.S.C.S. § 1325(a).
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Court
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In re Bernardo
Jan
05
2010
Ruling
Interim distribution of sale proceeds of property jointly owned by debtor and non-debtor spouse denied where proceeds were subject to levy by IRS.
Procedural posture
A trustee filed a motion for an order authorizing the interim distribution of the net proceeds from a sale of real property jointly owned by a chapter 7 debtor and his non-debtor spouse to the non-debtor spouse pursuant to 11 U.S.C.S. § 363(j). The United States of America, on behalf of the Internal Revenue Service (IRS), objected to the motion on the grounds that the proceeds were subject to IRS levy pursuant to 26 U.S.C.S. §§ 6321 and 6331.
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Court
:
- FRBP
In re Aca Real Estate LLC
Jan
05
2010
Ruling
Conversion to chapter 7 after default not allowed until after debtor's period to sell property and pay creditors.
Procedural posture
Following the confirmation of a debtor's chapter 11 plan, the holder of an allowed secured claim (creditor) sought an order converting the case to chapter 7 based on the debtor's default in payment.
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Court
:
- 11 U.S.C.
Perkins v. Arnold (In re Arnold)
Dec
30
2009
Ruling
Transfer of multiple tracts of property to prevent creditors from securing judgment was grounds for denial of discharge.
Procedural posture
Plaintiff creditors sought to deny the chapter 7 debtor a bankruptcy discharge pursuant to 11 U.S.C.S. § 727(a)(2), claiming that the debtor transferred property of the estate within one year prior to filing his bankruptcy petition, with the intent to hinder, delay, or defraud them. They also asserted that he violated N.C. Gen. Stat. § 75-1.1 et seq., by committing unfair and deceptive trade practices.
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Court
:
- 28 U.S.C.
Century Forest Prods. V. H.W. Indus. (In re Century Forest Prods.)
Dec
15
2009
Ruling
Bankruptcy court abstained from hearing state law collection proceeding.
Procedural posture
Plaintiff, a chapter 11 corporate debtor, filed an adversary proceeding against defendant, a Florida corporation, claiming that it was entitled to recover a prepetition account receivable from the Florida corporation in the amount of $ 3,593. The Florida corporation was served at its address in Florida, but did not file an answer or other responsive pleading. The debtor filed a motion for entry of default and default judgment.
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Court
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In re Montague
Dec
11
2009
Ruling
Stay lifted to allow determination of domestic relations action, but not subsequent enforcement.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and movant, the debtor's spouse, filed a motion for an order under 11 U.S.C.S. § 362(d) that lifted the automatic stay so that a domestic relations action involving the debtor and his spouse could be tried in state court.
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Court
:
- 11 U.S.C.
Saslow v. TRSTE Inc. (In re Berg)
Dec
07
2009
Ruling
Lien insufficient to create proper perfected security interest avoided.
Procedural posture
Chapter 7 trustee commenced an adversary proceeding against defendants, two creditors and the debtors, seeking to avoid the second and third liens claimed in favor of the creditors, to recover certain real property as property of the estate, and to sell the property for the benefit of the estate. Pursuant to a consent order, the creditors were voluntarily dismissed. The trustee filed a motion for summary judgment against the debtors.
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Court
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In re Vogler
Nov
25
2009
Ruling
Relief from stay granted to allow bank to enforce note and deed of trust that it held by assignment.
Procedural posture
Movant bank asserted that it held a promissory note and deed of trust from a bankruptcy debtor by assignment, and the note contained an undated endorsement transferring the note to an entity and an illegible signature. The bank moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d) to enforce the note, and the trustee asserted that lack of evidence of the assignment precluded standing to seek such relief.
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Court
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In re Obie
Nov
24
2009
Ruling
Debtors' objection to creditor's postpetition, preconfirmation attorneys fees included in proof of claim sustained.
Procedural posture
Bankruptcy debtors' confirmed chapter 13 plan provided for retention of the debtors' residence, regular monthly payments to the mortgage creditor, and an additional monthly amount to cure an arrearage. The debtors objected to the creditor's proof of claim to the extent that the claim for the arrearage included attorney fees incurred for services rendered between the filing of the debtors' bankruptcy petition and plan confirmation.
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Court
:
- 11 U.S.C.
Allman v. Wappler (In re Cansorb Indus. Corp.)
Nov
20
2009
Ruling
Factual issues prevented summary judgment regarding allegedly improper foreclosure.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, a foreign individual and foreign entities controlled by the individual, including an entity which owned an involuntary bankruptcy debtor, alleging that the defendants engaged in transactions which resulted in an improper foreclosure of the debtor's real property. The trustee and the defendants cross-moved for partial summary judgment.
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Court
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