Bank. Meridian v. Ultra Holdings LLC (In re Earth Structures Inc.)
Oct
27
2010
Ruling
Confirmation did not bar creditor bank's motion for summary judgment in action against debtor and guarantor.
Procedural posture
Plaintiff bank filed an action in the Spartanburg County Court of Common Pleas (South Carolina), alleging that defendants, a corporation, two individuals who had ownership interests in the corporation, and others, owed the bank money. The case was removed to the bankruptcy court after the corporation declared Chapter 11 bankruptcy, and the bankruptcy court retained jurisdiction over some of the bank's claims.
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Court
:
- 11 U.S.C.
In re Beeson
Jul
27
2010
Ruling
Bankruptcy court abstained from and dismissed individual debtor's chapter 11 case where parties and debtors would be settled more properly in divorce proceedings.
Procedural posture
Creditor husband brought a motion for abstention under 11 U.S.C.S. § 305(a)(1), seeking the dismissal of the instant voluntarily filed chapter 11 case filed by debtor wife, asserting that their pending divorce and property action in family court was the proper forum for disposition of property in which the debtor wife had an interest.
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Court
:
In re BI-LO LLC
May
25
2010
Ruling
Church's claim for "net rental loss" incurred after debtor rejected lease disallowed.
Procedural posture
Debtors, LLCs that operated supermarkets, filed petitions under chapter 11 of the Bankruptcy Code and were allowed to operate their businesses as debtors in possession. A church filed a claim in the amount of $ 3,338,786 against the debtors' bankruptcy estates, seeking costs it claimed it incurred because it was required to abandon real property it leased from the debtors. The debtors filed an objection to the church's claim.
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Court
:
- FRBP
In re BI-LO LLC
Feb
19
2010
Ruling
Late proof of claim allowed due to service of notice of bar date during creditor's move.
Procedural posture
A creditor filed a motion requesting leave of court to file a proof of claim after the established deadline pursuant to Fed. R. Bankr. P. 3003(c). The chapter 11 debtor argued that it would be prejudiced by the potential precedent set by allowing the creditor's claim.
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Court
:
- 11 U.S.C.
In re BI-LO LLC
Feb
02
2010
Ruling
Creditor who received notice of bar date not allowed to file late proof of claim for personal injury.
Procedural posture
A creditor brought a state-court action against a bankruptcy debtor for personal injury sustained in a fall at one of the debtor's supermarkets, but the debtor failed to file a proof of claim in the debtor's bankruptcy case by the bar date for filing such claims. The creditor moved for allowance of the creditor's late-filed proof of claim.
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Court
:
- 11 U.S.C.
In re Horne
Dec
02
2009
Ruling
Mechanic's lien perfected and enforced by judicial process was not transformed into an avoidable judicial lien.
Procedural posture
A judgment was entered in state court against a bankruptcy debtor which enforced a creditor's mechanic's lien against the debtor's property. After the debtor's case was closed and the debtor's property was sold at a foreclosure sale, the debtor moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the debtor's exemption in the property.
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Court
:
In re Covington
Nov
20
2009
Ruling
Stay continued on condition that debtor pay gross property rents to creditor mortgagee.
Procedural posture
A creditor filed a motion for relief from the automatic stay with respect to one of a chapter 11 debtor's properties pursuant to 11 U.S.C.S. § 362(d)(1) and (2). The debtor objected to the motion.
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Court
:
Joe Gibsons Auto World Inc. v. Zurich Am. Ins. Co. (In re Joe Gibsons Auto World Inc.)
Sep
29
2009
Ruling
Adversary proceeding for bad faith against debtor car dealer's insurer was a core proceeding.
Procedural posture
Plaintiff debtor filed an adversary action against defendant insurer alleging, among other things, breach and bad faith refusal to resolve a valid insurance claim. The insurer contended that the matters raised in this adversary proceeding were not core matters as defined in 28 U.S.C.S. § 157(b)(2).
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Court
:
In re BI-LO LLC
Jun
10
2009
Ruling
Debtors' application to employ appraiser nunc pro tunc denied.
Procedural posture
Debtors filed an application for entry of an order authorizing the debtors to employ and retain a company as an appraiser, pursuant to 11 U.S.C.S. §§ 327(a) and 328(a), effective nunc pro tunc to the date of the application. The debtors sought to retain the company to appraise store furniture, fixtures, and equipment.
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Court
:
- 11 U.S.C.
Skinner v. Ross (In re Ross)
Apr
28
2008
Ruling
Discharge denied due to debtor compnay owner's continued receipt of dividends contrary to demands of trustee.
Procedural posture
Plaintiff trustee filed a complaint against defendant debtor for turnover of estate property, pursuant to 11 U.S.C.S. § 542(a), for denial of a discharge, pursuant to 11 U.S.C.S. § 727(a)(2)(B).
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Court
: