- 11 U.S.C.
Stiles v. Vaden (In re Bechtold)
Feb
14
2014
Ruling
Trustee's complaint that was adequate with respect to debtors' unauthorized sale of residence ordered amended to set forth recovery sought.
Issue(s)
Should trustee's proceeding for avoidance of debtor's unauthorized sale of residence and recovery of value of residence, plus closing disbursements, be dismissed due to inadequately stated claims and failure to join indispensible parties?
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Court
:
- FRBP
In re Owens
Jan
15
2014
Ruling
Creditor lender asserted claim for postpetition fees in assessment notice and was required to comply with Rule 3002.1.
Issue(s)
Was creditor lender required to comply with Rule 3002.1(c) when it claimed it did not assert the fees were currently recoverable against the debtors.
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Court
:
- 11 U.S.C.
In re Walker
Oct
18
2013
Ruling
Debtor's attorney's application for additional fees denied due to excessive and duplicative charges.
Issue(s)
Was debtor's attorney entitled to additional fees absent novel or difficult issues.
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Court
:
- 11 U.S.C.
Dean v. Brown (In re Brown)
Oct
08
2013
Ruling
Misrepresentation regarding real estate project led to nondischargeable debt.
Issue(s)
Did fraudulent misrepresentations on which creditors relied to invest in debtor's real estate project result in nondischargeable debt .
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Court
:
In re Nolan
Jun
19
2013
Ruling
Trustee granted exemption surcharge due to debtor's misconduct in forcing trustee to litigate in order to recover estate property.
Procedural posture
A chapter 11 trustee filed a motion for an order surcharging the debtors' exemptions pursuant to 11 U.S.C.S. § 105(a).
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Court
:
- 11 U.S.C.
Teague v. Thompson (In re Teague)
Apr
29
2013
Ruling
Transfers from debtor to former spouse were not part of property division and were avoidable due to numerous badges of fraud.
Procedural posture
Trustee filed a complaint alleging that the court should allow him to avoid fraudulent transfers under 11 U.S.C.S. § 548 and recover certain property the debtor transferred to defendant, the debtor's wife at the time, prior to filing his chapter 7 bankruptcy.
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Court
:
In re Hatten
Mar
19
2013
Ruling
Servicing agent had standing to seek relief from stay where debtor had not challenged agent's rights at confirmation.
Procedural posture
A servicing agent for a bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d). The chapter 13 debtor moved to dismiss on the grounds that the servicing agent was not a party in interest with standing to bring the motion.
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Court
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In re Jennings
Mar
19
2013
Ruling
Conversion to chapter 13 denied as attempt to prevent recovery of assets and block adversary proceeding.
Procedural posture
The chapter 7 debtors filed a motion to convert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a). A chapter 7 trustee objected on the grounds that the conversion would be a bad faith effort to further the concealment of the assets and the false oaths made by the debtors.
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Court
:
- 11 U.S.C.
In re Roselli
Mar
06
2013
Ruling
Involuntary petition filed by sole petitioning creditor dismissed as debtor had more than 12 qualifying creditors with noncontingent undisputed debts.
Procedural posture
This matter came before the court on alleged debtor's answer to a creditor's involuntary petition, motions to dismiss, and counterclaims.
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Court
:
- 11 U.S.C.
In re RTJJ Inc.
Feb
06
2013
Ruling
Plan of debtor real estate company confirmed as reorganization was preferable to for creditors to a forced sale, which would depress property values.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and asked the court to confirm its second amended bankruptcy plan. A bank that was the debtor's largest creditor filed an objection to the plan and asked the court for relief under 11 U.S.C.S. § 362(d) so it could foreclose on property the debtor owned. The court held a hearing on the debtor's request for confirmation and the motion for stay relief.
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Court
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