In re Ferguson
Feb
16
2012
Ruling
Bank granted relief from stay to pursue state law remedies against debtor's parcel of land.
Procedural posture
A bank filed a motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2). The chapter 11 debtor objected to the motion.
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Court
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In re Eichelberger
Jan
31
2012
Ruling
Retroactive relief from stay denied where creditor and probate court proceeded with hearing against debtor despite knowledge of bankruptcy filing.
Procedural posture
Two creditors filed an amended motion for relief from stay, seeking an order pursuant to 11 U.S.C.S. § 362(d) terminating the stay or, alternatively, annulling the stay retroactively. Both the debtor and the chapter 13 trustee filed objections.
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Court
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In re Neals
Oct
06
2011
Ruling
Loan service, designated payee under confirmed chapter 13 plan, granted relief from stay as real party in interest after debtor failed to make payments.
Procedural posture
The loan servicer for Chapter 13 debtors' mortgage filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and § 362(d)(2).
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Court
:
- 11 U.S.C.
In re Priester
Jul
22
2011
Ruling
Amount owed to former spouse as "balancing of the equities" was not a domestic support order and was an unsecured, non-priority claim.
Procedural posture
A Chapter 13 debtor filed an objection to a claim filed by his former wife on the grounds that it was not a domestic support obligation entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) and thus, it should be treated as an unsecured, non-priority claim.
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Court
:
- 11 U.S.C.
In re Bamberg County Mem. Hosp.
Jul
18
2011
Ruling
Appointment of patient care ombudsman for chapter 9 debtor county hospital not necessary as debtor was in compliance with regulations and had appropriate procedures and staffing in place.
Procedural posture
Debtor, a county hospital, asked the court to find that the appointment of a patient care ombudsman (PCO) pursuant to 11 U.S.C.S. § 333(a)(1) was not necessary for the protection of patients of the hospital. No creditor or other party in interest appeared through the U.S. Trustee filed a response thereto.
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Court
:
In re Clements
Jul
05
2011
Ruling
Sanctions warranted for creditor's filing of motion for relief from stay without cause based on inaccurate information.
Procedural posture
A creditor filed a motion seeking relief from the automatic stay as to real property pursuant to 11 U.S.C.S. § 362(d) on the grounds that a Chapter 13 debtor was delinquent in making post-petition mortgage payments. The debtor filed an objection and requested reimbursement of the attorney's fees incurred in defending the motion.
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Court
:
- 11 U.S.C.
In re Daufuskie Island Props. LLC
Jun
17
2011
Ruling
Sale of golf course free and clear approved, including "break up fee" to stalking horse bidder.
Procedural posture
Movant, the Chapter 11 trustee, sought authorization per 11 U.S.C.S. § 363(b) and § 363(f) and Fed. R. Bankr. P. 6004 to sell real and personal property comprising a golf course free of liens, claims, encumbrances and other interests and other than in the ordinary course of business in a transaction. Some objections were filed. Issues included whether a "break-up" fee was properly paid to a stalking horse buyer (SHB).
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Court
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In re Ashley Oaks Dev. Corp.
Mar
29
2011
Ruling
Case ordered dismissed for cause due to failure to file disclosure statement or a timely plan, failure to pay taxes on mortgaged property and diminution of estate.
Procedural posture
A creditor filed a motion to dismiss a Chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b) or in the alternative, to convert the case to a case under Chapter 7. The United States Trustee (UST) filed a response requesting that the case be converted to Chapter 7. The debtor objected to the motion.
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Court
:
- 11 U.S.C.
In re Bliek
Mar
08
2011
Ruling
Debtor could not seek to use automatic dismissal for failure to file required information in order to avoid court ordered sale of property.
Procedural posture
A chapter 7 debtor filed a motion to dismiss under 11 U.S.C.S. § 521(i)(1) on the basis that he failed to file all of the information required under 11 U.S.C.S. § 521(a)(1).
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Court
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Grayson Consulting Inc. v. Wachovia Securities LLC (In re Derivium Capital LLC)
Feb
15
2011
Ruling
Brokerage commissions that were protected from recovery were customary and reasonable in amount.
Procedural posture
In a prior proceeding, the court concluded that the recovery of commissions from defendant brokers could be barred as a matter of law under 11 U.S.C.S. § 544 by virtue of the "stockbroker defense" of 11 U.S.C.S. § 546(e). The limited issue before the court was whether the payments were reasonable and customary in the securities industry.
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Court
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