- 11 U.S.C.
Thanco Prods. & Imps. v. Kontos (In re Kontos)
Jan
13
2014
Ruling
Discharge denied due to failure to disclose ownership of trademarks.
Issue(s)
Should discharge be denied due to failure to disclose ownership and transfer of trademarks.
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Court
:
In re Bressler
Nov
06
2013
Ruling
Relief from stay to proceed against valid security interest granted.
Issue(s)
Whether creditor should be granted relief from stay to pursue security interest.
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Court
:
- FRBP
In re Renegade Holdings Inc.
Oct
29
2013
Ruling
Settlement modified due to failure to account for money in safe deposit box.
Issue(s)
Should settlement of trustees avoidance proceeding be modified to accommodate funds in safe deposit box discovered one year after the settlement was approved .
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Court
:
- 11 U.S.C.
In re McGhee
Sep
18
2013
Ruling
Ransom reasoning applied to prohibit mortgage/rent deduction where debtor did not own the subject property or make mortgage payments.
Issue(s)
Could debtor claim a deduction for residence which she did not own or on which she did not pay the mortgage.
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Court
:
In re PTM Techs. Inc.
Aug
26
2013
Ruling
Confirmation denied due to payment of postpetition interest on unsecured claim and improper classification.
Issue(s)
Could creditor's plan providing for payment of postpetition interest on unsecured claims from petition date to effective date and separate classification of an unsecured claim from all other unsecured claims be confirmed?
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Court
:
- 11 U.S.C.
Carpenters Pension Trust Fund v. Moxley
Aug
20
2013
Ruling
As ERISA withdrawal liability was statutory and not a fund asset, it was not created via fiduciary defalcation and was dischargeable.
Issue(s)
Was withdrawal liability under ERISA created via fiduciary defalcation.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Gilley v. SEC (In re Gilley)
Aug
19
2013
Ruling
Disgorgement consent judgment involved violation of securities laws and was nondischargeable.
Issue(s)
Was consent judgment in favor of SEC in which debtor neither admitted nor denied alleged securities law violations dischargeable.
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Court
:
- 11 U.S.C.
In re Nance
Jun
12
2013
Ruling
Debtor in required to pay 90 percent of the NADA retail value as of the petition date in order to redeem vehicle without reduction for preconversion plan payments.
Procedural posture
The chapter 7 debtors filed a motion to redeem a vehicle pursuant to 11 U.S.C.S. § 722 for $0.
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Court
:
- 11 U.S.C.
In re Universal Fin. Inc.
Jun
07
2013
Ruling
Motion for use of cash collateral to pay unnecessary preconfirmation unsecured debts denied.
Procedural posture
Debtor, a licensed consumer finance company, moved to use cash collateral pursuant to 11 U.S.C.S. § 363.
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Court
:
- 11 U.S.C.
In re Renegade Holdings Inc.
May
29
2013
Ruling
Confirmation denied on feasibility grounds due to discrepancy between past and projected performance.
Procedural posture
Chapter 11 trustee sought confirmation of a second amended and restated joint plan of reorganization for chapter 11 debtors that were fabricators and distributors of tobacco products consisting primarily of cigarettes and cigars. The debtors had not joined a master settlement agreement between major domestic tobacco companies and multiple states and territories and thus operated as non-participating manufacturers.
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Court
: