In re Genesis Press Inc.
Jan
02
2014
Ruling
Request for super priority status for administrative expense claim for postpetition lease payments denied.
Issue(s)
Was creditor entitled to super priority treatment of administrative expense claim for postpetition lease payments.
ABI Membership is required to access the full summary of In re Genesis Press Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jones
May
28
2013
Ruling
Case ordered converted or dismissed due to unsecured debt in excess of chapter 13 limits.
Procedural posture
Debtor filed a chapter 13 bankruptcy case. The chapter 13 Trustee filed a petition to dismiss the case alleging that the debtor was over the jurisdictional limits of 11 U.S.C.S. § 109(e) and was therefore ineligible for chapter 13 relief.
ABI Membership is required to access the full summary of In re Jones Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Tucker
Jan
25
2013
Ruling
Confirmation denied due to debtor's undervaluation of mobile home.
Procedural posture
Debtor moved for confirmation of her proposed chapter 13 plan. Creditor, which held the lien on debtor's mobile home, filed an objection to confirmation. The parties contested the value of the mobile home, which debtor testified had a value of $ 9,000. Creditor asserted that the plan did not meet the requirements of 11 U.S.C.S. § 1325(a)(5), so confirmation should be denied.
ABI Membership is required to access the full summary of In re Tucker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Anderson v. Holmes (In re Holmes)
Aug
10
2012
Ruling
Discharge denied due to conduct that was fraudulent or represented reckless indifference.
Procedural posture
Plaintiff chapter 7 Trustee filed this action objecting to the discharge of defendant debtor pursuant to 11 U.S.C.S. § 727(a)(4)(A).
ABI Membership is required to access the full summary of Anderson v. Holmes (In re Holmes) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Adams
May
07
2012
Ruling
Debtor's motion for return of vehicle repossessed after expiration of stay denied.
Procedural posture
The chapter 13 debtors filed a motion to return a repossessed vehicle and for damages and a motion for violation of the automatic stay pursuant to 11 U.S.C.S. § 362.
ABI Membership is required to access the full summary of In re Adams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nix v. Tavernier (In re Nix)
Jan
05
2012
Ruling
Debtor's post-confirmation action against creditor barred by res judicata.
Procedural posture
Debtor's complaint stated that this adversary proceeding was an action to, inter alia: object to defendant creditor's proof of claim; enforce debtor's right to rescind a consumer credit transaction; void the creditor's alleged security interest in debtor's home; and recover actual, statutory, and punitive damages, costs and attorney's fees from the creditor pursuant to the Truth-In-Lending Act. The creditor moved to dismiss.
ABI Membership is required to access the full summary of Nix v. Tavernier (In re Nix) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Jeter
Dec
02
2011
Ruling
Debtor's were barred by plan confirmation from asserting certain defenses to creditor's motion for relief from stay.
Procedural posture
Movant trust company, as trustee for a loan fund, moved for relief from stay per 11 U.S.C.S. § 362 with respect to certain property owned by debtors, a married couple, in which a secured interest was claimed. Debtors filed an objection to any grant of relief on claims that movant was not a "party in interest" under § 362.
ABI Membership is required to access the full summary of In re Jeter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Fort v. SunTrust Bank (In re International Payment Group Inc.)
Nov
03
2011
Ruling
Bank ordered to file motion for withdrawal of reference of trustee's contract claims or be deemed to consent to jurisdiction of bankruptcy court.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant bank, claiming, inter alia, that the bank committed breach of contract, breach of fiduciary duty, and tortious interference with contractual relations, and violated the South Carolina Unfair Trade Practices Act, S.C. Code Ann. § 39-5-10 et seq., and the South Carolina Uniform Commercial Code, S.C. Code Ann. § 36-4A- 102 et seq. The bank filed a motion to dismiss.
ABI Membership is required to access the full summary of Fort v. SunTrust Bank (In re International Payment Group Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Krueger
Sep
16
2011
Ruling
Confirmation denied due to failure to treat domestic support order as priority secured claim.
Procedural posture
The former spouse of a bankruptcy debtor filed a priority claim based on the debtor's obligation to pay the spouse's mortgage and vehicle expenses under a divorce agreement. The debtor objected to the spouse's claim on the ground that the obligations were not domestic support obligations entitled to priority under 11 U.S.C.S. § 507(a)(1), the spouse objected to confirmation of the debtor's plan which did not provide priority.
ABI Membership is required to access the full summary of In re Krueger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Kain v. Beneficial South Carolina Inc. (In re Kain)
Sep
02
2011
Ruling
Mortgage could not be treated as unsecured as it was treated as secured by confirmed plan.
Procedural posture
Debtors filed a complaint asking the court: (1) to find, under 11 U.S.C.S. § 506(d), that defendant creditor had no secured interest in certain property; (2) to order the creditor to cancel a mortgage upon entry of a discharge order; (3) to order the chapter 13 trustee to treat the creditor's claim as unsecured; and (4) for attorney's fees. An entry of default was recorded against the creditor. The debtors moved for a default judgment.
ABI Membership is required to access the full summary of Kain v. Beneficial South Carolina Inc. (In re Kain) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: