Campbell v. Hanover Ins. Co.
Sep
22
2011
Ruling
Bankruptcy court did not err in upholding creditor's earmarking defense to preference proceeding.
Procedural posture
Appellant Chapter 11 trustee challenged a decision of the U.S. Bankruptcy Court for the Western District of North Carolina, which granted summary judgment to appellee in the trustee's action seeking to avoid a preferential transfer pursuant to 11 U.S.C.S. § 547.
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Court
:
- FRBP
In re Sullivan
Aug
24
2011
Ruling
Manual changes to debtor's schedules by attorney were not grounds for sanctions absent fraud or improper action.
Procedural posture
The United States Bankruptcy Administrator filed a motion for sanctions against the debtor's attorney on account of manual changes the attorney made to the Official Form 22A-- Chapter 7 Statement of Current Monthly income and Means-Test Calculation.
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Court
:
- 11 U.S.C.
In re Woodend LLC
Aug
24
2011
Ruling
Case dismissed where debtor LLC acquired another LLC just prior to petition date in order to avoid foreclosure on acquired LLC's property.
Procedural posture
Debtor, a South Carolina limited liability company ("LLC"), filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor in possession. A bank that held a secured interest in property the debtor acquired when it merged with another South Carolina LLC shortly before it declared bankruptcy filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112, claiming that the case was filed in bad faith.
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Court
:
- 11 U.S.C.
In re Prosperity Park LLC
May
17
2011
Ruling
Relief from stay to proceed against debtor's property granted where debtor's chapter 11 plan could not be confirmed.
Procedural posture
In a Chapter 11 bankruptcy case, a debtor filed a motion seeking to confirm its first amended disclosure statement and plan of reorganization. A bank filed a motion seeking relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Thams
Mar
10
2011
Ruling
Trustee's lien rights in debtor's vehicle were superior to those of co-debtor who held no legal interest.
Procedural posture
Chapter 7 debtors contended that the female debtor was entitled to an equitable ownership interest in a vehicle titled solely in the male debtor's name. The trustee objected.
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Court
:
- 11 U.S.C.
In re Frank
Mar
09
2011
Ruling
IRS entitled to claim payment for erroneous credit pursuant to terms of confirmed plan.
Procedural posture
An examiner sought instructions from the court as to the disbursal of funds to the IRS pursuant to the provisions of a confirmed plan. The debtor claimed the funds, asserting that nothing was owed on the IRS claim.
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Court
:
Campbell v. Hanover Ins. (In re Campbell)
Nov
03
2010
Ruling
Transfer of lender's funds into certificate of deposit was a contemporaneous exchange for new value and not avoidable.
Procedural posture
Chapter 7 trustee filed this adversary proceeding against defendant surety, claiming that it was an indirect beneficiary of the transfer of a lender's funds into a certificate of deposit and the transfer of the funds was avoidable as a preferential transfer under 11 U.S.C.S. § 547. The matter came before the court for hearing on the surety's Fed. R. Civ. P. 56 motion for summary judgment.
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Court
:
- 11 U.S.C.
In re James
Apr
01
2010
Ruling
Counsel sanctioned for falsifying of credit counseling certificate by paralegal.
Procedural posture
After it was discovered that the credit counseling certificate filed by counsel per 11 U.S.C.S. § 109(h)(1) in connection with a chapter 13 filing made on behalf of debtors had been falsified, a married couple, motions were filed by debtors and by the Bankruptcy Administrator (BA). Issues included whether counsel was properly sanctioned by reason thereof and whether debtors were entitled to voluntarily dismiss the case per 11 U.S.C.S. § 1307.
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Court
:
- 11 U.S.C.
Andresen & Arronte PLLC v. Hill (In re Hill)
Mar
23
2010
Ruling
Dischargeability proceeding dismissed as to debtor's spouse against whom there was no evidence of fraud.
Procedural posture
Creditor, a law firm which represented defendant debtors in a prepetition state court lawsuit (debtors were also defendants there), brought an adversary proceeding against debtors pursuant to 11 U.S.C.S. § 523(a)(2). At trial, debtors moved for directed verdict after the firm presented its case-in-chief. The court deferred a ruling on that motion until after debtors presented their case.
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Court
:
- 11 U.S.C.
In re Siler
Mar
23
2010
Ruling
Debtor's retirement plan contributions and loan obligations did not constitute special circumstances that would rebut the presumption of abuse.
Procedural posture
Based on a bankruptcy debtor's projected disposable income, the debtor presumptively abused chapter 7 bankruptcy, but the debtor asserted that disallowed expenditures constituted special circumstances to rebut the presumption based on the debtor's retirement plan contributions, a plan loan obligation, and a student loan obligation. The bankruptcy administrator moved to dismiss the debtor's case.
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Court
: