Judge Waites

In re WH Land Co. LLC

This matter came before the court upon a motion for relief from the automatic stay filed by a second mortgagee. Objections to the motion were filed by the trustee and a first mortgagee (bank).
Ruling: 
Possibly undersecured second mortgagee entitled to relief from stay.
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Commercial case opionion summary, case decided on February 14,2011, LexisNexis #0311-074

In re Herrmann

Chapter 13 debtors, a husband and wife, sought confirmation of their plan. The chapter 13 trustee objected to confirmation, arguing that the plan had not been proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3) and that the plan did not meet the applicable commitment period.
Ruling: 
Confirmation of plan proposing retention of social security income and use of spouse's income to pay expenses denied due to lack of good faith.
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Consumer case opionion summary, case decided on February 09,2011, LexisNexis #0311-095

In re Perkins

A creditor filed a motion for filing a late proof of claim, and the chapter 13 debtors objected to the motion.
Ruling: 
Late-filed proof of claim disallowed where creditor had constructive notice of case.
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Consumer case opionion summary, case decided on February 08,2011, LexisNexis #0311-079

In re Geo. W. Park Seed Co.

Movant creditor sought the allowance and payment of an administrative super-priority claim, under 11 U.S.C.S. § 507(a) and (b), on the basis that the adequate protection provided by the trustee for its claim secured by cash collateral had failed, causing it to suffer loss in its secured position. The chapter 11 trustee objected, asserting the creditor had released any such claim in a settlement agreement.
Ruling: 
Administrative super priority claim disallowed as released in settlement agreement.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0311-116

In re Lee

Movant law firm sought relief from stay for "cause" per 11 U.S.C.S. § 362 to allow the completion of state court arbitration. Debtor opposed the motion.
Ruling: 
Relief from stay granted to allow completion of arbitration that would not disrupt administration of debtor's estate.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0311-108

In re George W. Park Seed Co.

Debtors filed separate petitions under Chapter 11 of the Bankruptcy Code, and the court consolidated the cases for joint administration and appointed the same Chapter 11 trustee for all cases. The trustee filed a motion seeking permission under 11 U.S.C.S. § 363 to use cash collateral through January 2011, a bank filed an objection to the trustee's motion, and a person who was part owner of the debtors joined the bank's objection.
Ruling: 
Trustee granted permission to use cash collateral without provision of additional adequate protection to creditor.
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Commercial case opionion summary, case decided on November 12,2010, LexisNexis #1210-043

In re Daufuskie Island Props. LLC

In connection with the sale of assets of the bankruptcy estate by auction, which included credit bidding, certain issues arose regarding the credit bidding. Those issues were decided at a hearing. The instant opinion memorialized the decisions. After an auction was held, the Trustee requested that the court confirm the successful bidders upon the conclusion of the auction.
Ruling: 
Creditor could not credit bid disputed mortgage debt.
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Commercial case opionion summary, case decided on November 09,2010, LexisNexis #1210-007

In re WH Land Co. LLC

A bankruptcy debtor in a single asset real estate case failed to reach a settlement with its primary creditor which held a first mortgage interest in the debtor's property, and the creditor granted relief from the automatic bankruptcy stay. The bankruptcy court issued a rule to show cause a rule to show cause to determined if the debtor's chapter 11 case should be dismissed or converted under 11 U.S.C.S. § 1112(b).
Ruling: 
Single asset real estate case converted to chapter 7 after primary mortgage creditor was granted relief from stay.
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Commercial case opionion summary, case decided on November 02,2010, LexisNexis #1210-095

In re Davis

Creditor, a real estate mortgagee, filed a motion for relief from the automatic stay. Despite its failure to object to the debtor's confirmed plan, the creditor sought relief under 11 U.S.C.S. § 362(d)(1) on the grounds that it is not adequately protected, and under 11 U.S.C.S. § 362(d)(4) on the grounds that the filing of the petition was part of a scheme to delay, hinder, and defraud the creditor.
Ruling: 
Creditor who failed to object to confirmation was bound by plan and not entitled to relief from stay if debtor brought payments current.
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Consumer case opionion summary, case decided on October 12,2010, LexisNexis #0111-108

In re Johnson

Creditor moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) on the basis that certain personal property in the possession of the debtor did not constitute "property of the estate," as defined under 11 U.S.C.S. § 541. The debtor filed a timely objection to the motion, asserting that the creditor was adequately protected.
Ruling: 
Relief from stay granted to enforce security interest in truck owned by debtor's brother's corporation that was in possession of debtor.
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Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0710-080

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