- 11 U.S.C.
Pagels v. Pagels (In re Pagels)
Feb
09
2011
Ruling
Property settlement was not a domestic support obligation and was dischargeable.
Procedural posture
Ex-husband filed a complaint against chapter 13 debtor seeking a determination that an obligation of the debtor arising under a separation agreement, and subsequently reduced to judgment, was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The ex-husband filed a motion for summary judgment, which cited to 11 U.S.C.S. § 1328(a) as additional support for his argument that the debtor's obligation was nondischargeable.
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Court
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- 11 U.S.C.
In re Chesapeake Hardwood Prods. Inc.
Oct
28
2010
Ruling
Confirmation granted despite need for technical modifications.
Procedural posture
Debtor, a Chapter 11 debtor in possession (DIP), sought confirmation of a proposed Second Amended Plan of Reorganization. By the time of the hearing thereon, the only objecting creditor had withdrawn its objection, and no party appeared in opposition to confirmation. The issue was whether the plan complied with all relevant provisions in 11 U.S.C.S. § 1129.
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Court
:
In re Wyche
Jan
29
2010
Ruling
Attorneys' duplication costs were overhead sufficiently covered by fees and not reimbursable.
Procedural posture
Movant, the law firm representing the debtors in two chapter 13 cases, filed applications for compensation in the form of reimbursement for expenses in the amount of $ 655.71 and $ 435.63 respectively, in addition to $ 3,000 in no-look legal fees for each case. The trustee objected to the amount of expenses sought as excessive.
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Ocean Equity Group Inc. v. Wooten (In re Wooten)
Jan
05
2010
Ruling
Debt held nondischargeable due to debtor's misrepresentations and conversion.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's misrepresentations and conversion of the creditor's collateral.
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Court
:
- 11 U.S.C.
Drake v. Franklin Equip. Co. (In re Franklin Equip. Co.)
Sep
14
2009
Ruling
Father and son granted relief from stay to pursue claims for funds advanced to debtor corporation due to lack of adequate protection.
Procedural posture
Plaintiff creditors filed a motion seeking relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when defendant corporation declared bankruptcy, and an order requiring defendant chapter 7 trustee to abandon real and personal property the corporation owned. The trustee opposed the motion and filed objections to claims the creditors filed against the corporation's bankruptcy estate.
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Court
:
- 11 U.S.C.
Smith v. Porter (In re Carr & Porter LLC)
Mar
17
2009
Ruling
Attorney who was not an insider of debtor LLC he sold before debtor was insolvent not required to turn over proceeds.
Procedural posture
Plaintiff filed an adversary proceeding against defendant attorney, seeking an order which required the attorney to turn over assets he received from debtor, his former law firm, pursuant to 11 U.S.C.S. §§ 544, 547, and 548 (Count One), and Va. Code Ann. § 55-81 (Count Two). The attorney filed a motion for summary judgment, and the trustee sought leave to amend his complaint.
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Court
:
Smith v. McLeskey (In re Bay Vista of Va. Inc.)
Sep
24
2008
Ruling
Bankruptcy court declined to abstain from proceeding for turnover of excess funds received by creditor in foreclosure of debtor's property.
Procedural posture
Defendants, creditors of a chapter 7 debtor, moved pursuant to 28 U.S.C.S. § 1334 for abstention of the complaint filed by plaintiff chapter 7 trustee, which sought a turnover pursuant to 11 U.S.C.S. § 542 of excess funds collected by the creditors on certain notes, alleged a breach of contract, and alleged that the creditors were judicially estopped from collecting an amount in excess of what they represented to a state court was owed them.
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Court
:
- 28 U.S.C.
SunTrust Bank v. Roberson (In re Baseline Sports Inc.)
Aug
01
2008
Ruling
Bankruptcy court lacked jurisdiction over tort claims arising largely postpetition and under state law.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendants, a bankruptcy debtor, a related entity, and their principals, alleging that defendants fraudulently induced the creditor to enter into a settlement with defendants by misrepresenting the value of the debtors' accounts receivable against which the creditor was permitted to execute. Defendants moved to dismiss the complaint for lack of subject matter jurisdiction.
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Court
:
- FRBP
In re Varona
May
22
2008
Ruling
Creditor could withdraw claims that were time-barred but valid under state law.
Procedural posture
Chapter 13 debtors filed objections to two claims filed by a creditor and filed motions for sanctions against the creditor pursuant to 11 U.S.C.S. § 105. The creditor filed a motion for authority to withdraw its two claims pursuant to Fed. R. Bankr. P. 3006, to which the debtors filed an objection.
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Court
:
- 11 U.S.C.
In re Abbas
Dec
20
2007
Ruling
Chapter 13 plan not filed in good faith as funded by sale of property not scheduled in prior chapter 7 case.
Procedural posture
A creditor of a chapter 13 debtor objected to the confirmation of the debtor's plan and moved for relief from the automatic stay and co-debtor stay.
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Court
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