Sobel v. Sells (In re Gordon Props. LLC)
May
17
2013
Ruling
Individuals who owned debtor developer LLC could not hire debtor's attorneys to represent them in action brought by condominium owners.
Procedural posture
Plaintiff condominium owners filed an action in a Virginia court, alleging that defendants, an owners' association and individuals who owned a limited liability company ("LLC") that declared chapter 11 bankruptcy, violated the condominium owners' rights. The case was removed to the bankruptcy court, where three individuals who owned the LLC asked the court for permission to hire the LLC's attorney to represent them.
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Court
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In re Larijani
Apr
03
2013
Ruling
Debtors' fourth case dismissed due to failure to obtain required credit counseling.
Procedural posture
Putative chapter 13 debtor filed a motion to vacate a prior court order dismissing his instant case, and requesting an extension of time within which to obtain credit counseling services, on the grounds that a foreclosure was scheduled for the day after he filed his bankruptcy petition. When debtor had failed to appear at a hearing on the counseling issue, his case was dismissed.
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Court
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In re Uzaldin
Dec
21
2012
Ruling
Voluntary dismissal granted with prejudice due to debtor's abuse of bankruptcy system.
Procedural posture
Chapter 13 debtor filed a motion to dismiss his case under 11 U.S.C.S. § 1307(b). The trustee and a creditor objected.
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Court
:
- 11 U.S.C.
In re Williams
May
01
2012
Ruling
Confirmation denied due to improper treatment of old vehicle expense after purchase of new expensive vehicle just prior to petition date.
Procedural posture
A chapter 13 trustee filed an objection to the debtors' third proposed plan pursuant to 11 U.S.C. § 1325(a)(3) and (b)(1)(B) on the grounds that the plan was not proposed in good faith and that the debtors were not paying their disposable monthly income to the plan.
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Court
:
- FRBP
In re Carr
Mar
19
2012
Ruling
Claim for attorneys' fee for preparing response to notice of final cure payment denied as task was administrative in nature.
Procedural posture
A bankruptcy debtor successfully completed her chapter 13 plan which included a cure of an arrearage in the debtor's home mortgage payments. The bankruptcy trustee objected to the mortgage creditor's claim for a fee for preparing a response to the trustee's notice of a final cure payment under Fed. R. Bankr. P. 3002.1.
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Court
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Johnson v. Cadles of Grassy Meadows II LLC (In re Johnson)
Feb
10
2012
Ruling
Creditor ordered to correct judgment docket to reflect discharge.
Procedural posture
Respondent creditor obtained a judgment against movant bankruptcy debtor before the debtor filed her bankruptcy petition, and the creditor docketed the judgment which created a lien against the debtor's real property. The debtor received a discharge and moved for relief against the creditor for violation of the discharge stay by not causing the judgment to reflect the discharge.
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Court
:
- 11 U.S.C.
Secrest v. Secrest (In re Secrest)
Jul
15
2011
Ruling
Relief from stay granted to allow debtor's spouse equitable distribution provided no property was transferred out of the estate.
Procedural posture
Creditor wife sought relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(2) or (d)(1), to pursue equitable distribution of the property owned with debtor husband, in a pending divorce case. The debtor and the chapter 7 trustee opposed her motion.
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Court
:
- 11 U.S.C.
Mathews v. US Bank (In re Mathews)
Mar
31
2011
Ruling
Debtors could not strip off IRS lien due to bad faith in using bankruptcy to obtain relief for non-debtor co-owner who was primary obligor.
Procedural posture
Plaintiff Chapter 13 debtor filed an adversary proceeding against defendants, a bank and the Internal Revenue Service ("IRS"), seeking an order under 11 U.S.C.S. § 506 which allowed her to strip-off the bank's second deed of trust and a tax lien the IRS placed on her residence. The bank failed to answer the debtor's complaint, but the IRS filed an answer. The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Todhunter v. First Sav. Mortg. Corp. (In re Todhunter)
Jan
04
2011
Ruling
Serial filer's proceeding to prevent sale of real property denied as attempt to circumvent expiration of stay after 30 days.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendant mortgage company, seeking an order preventing a trustee's sale of real property the debtor and his wife owned as tenants by the entireties, and he filed a motion for an expedited hearing and a temporary stay of the sale.
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Court
:
- 11 U.S.C.
In re RMAA Real Estate Holdings LLC
Dec
10
2010
Ruling
Bank did not have standing to bring motion against petitioners and counsel for filing involuntary petition for improper purpose.
Procedural posture
In an involuntary Chapter 11 case, a bank filed a motion for sanctions against three petitioners and their counsel under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 303(i)(2).
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Court
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