- 11 U.S.C.
In re Mupanduki
Jun
26
2006
Ruling
Court sustained debtor's objection to proof of claim since it was not "domestic support obligation."
Procedural posture
Creditor served as the debtor's domestic relations counsel and filed a claim for legal fees for her representation of the debtor. The creditor argued that her claim was a "domestic support obligation"entitled to priority treatment. The debtor filed an objection to the proof of claim.
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Court
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- 11 U.S.C.
In re Jupiter
Jun
21
2006
Ruling
Court issued order confirming termination of automatic stay and held that section 362(c)(3)(A) terminated automatic stay as to debtor and property of debtor's estate.
Procedural posture
This matter came before the court upon a request for an order confirming termination of the automatic stay filed by creditor. Creditor sought an order confirming termination of the automatic stay pursuant to 11 U.S.C. § 362(j) and U.S. Dist. Ct., D.S.C., Bankr. R. 4001-l(d).
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Court
:
- 11 U.S.C.
In re Tubular Techs. LLC
Jun
21
2006
Ruling
Court denied debtor's motion to extend time to assume or reject lease since deadline to assume had lapsed.
Procedural posture
The debtor filed a motion to extend the time to assume or reject a lease under 11 U.S.C. § 365. The owner of the premises challenged the motion.
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Court
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In re Westerlund
Jun
21
2006
Ruling
Application for allowance of administrative claim was denied since debtors failed to show alleged "extraordinary moving expenses"were actual and necessary costs of preserving estate.
Procedural posture
The debtors filed an application for allowance of a claim as an administrative expense pursuant to 11 U.S.C. §§ 503(b) and 507(a)(1). The debtors asserted that they were entitled to an administrative expense claim for the payment of expenses associated with the sale of their home during the course of the case. The chapter 7 trustee filed an objection.
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MBNA Am. Bank N.A. v. Gainey (In re Gainey)
Jun
07
2006
Ruling
Creditor did not prove that dismissal was warranted.
Procedural posture
Plaintiff creditor filed an amended complaint seeking to determine the dischargeability of a consumer debt pursuant to 11 U.S.C. § 523(a)(2). The creditor made a motion in its closing requesting that it be allowed to amend the amended complaint to assert causes of action pursuant to 11 U.S.C. § 727(a)(3), (4) and (6). The debtor asserted a counter claim under 11 U.S.C. § 523(d).
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Court
:
- 11 U.S.C.
In re Simmons
May
31
2006
Ruling
Plan payments to trustee rather than direct payments, did not deprive creditor of adequate protection.
Procedural posture
Movant creditor filed for relief from the automatic stay. Respondents, debtors and the chapter 13 trustee, opposed the motion.
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Court
:
- 11 U.S.C.
Glover v. Saunders Inc. (In re Glover)
May
31
2006
Ruling
Employer's partial withholding of debtor's real estate commissionwas a willfull violation of stay.
Procedural posture
Chapter 11 debtor filed a motion for partial summary judgment, which sought to obtain judgment against defendants, a realty company and its individual owner, for a willful violation of the automatic stay pursuant to 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
Duncan v. Duncan (In re Duncan)
May
24
2006
Ruling
Dischargeability of wrongful death damages award was not collaterally estopped since the judgment was based on a different legal standard than section 523(a)(6)'s willful and malicious injury standard.
Procedural posture
Appellant estate administrator sought review of an order of the District Court for the Eastern District of Virginia, which granted summary judgment to appellee debtor in an adversary proceeding brought by the bankruptcy estate to challenge the dischargeability of a judgment debt owed by the debtor arising out of a state wrongful death action.
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- 11 U.S.C.
In re Elbert
May
16
2006
Ruling
Debtor who was earning income subsequent to two prior dismissals and could now make plan payments was entitled to extension of stay.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent chapter 13 trustee filed a response.
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Court
:
In re Harvin
May
11
2006
Ruling
Motion to dismiss was granted due to omissions by debtor in schedules.
Procedural posture
Debtor filed a petition under chapter 13. Interested party, the trustee, filed a motion to dismiss the case with prejudice for three years pursuant to 11 U.S.C. § 1307(c) for debtor's bad faith failure to disclose assets and the delay in amending his schedules to disclose assets after their discovery.
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Court
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