Terry v. Fidelity Natl Title Ins. Co. (In re Ware)
Mar
20
2013
Ruling
Defective deed of trust that did not list debtor as grantor could be avoided.
Procedural posture
Plaintiff in a consolidated adversary proceeding, the chapter 7 trustee, moved for summary judgment, asserting he was entitled, under 11 U.S.C.S. §§ 544(a), 547, and Va. Code Ann. § 55-96 (2007), to avoid the interest of defendant creditor-lender, where the latter's construction deed of trust of record listed an incorrect grantor, and so was defective.
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Court
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In re Zota Petroleums LLC
Oct
01
2012
Ruling
Sublessee could retain rights under rejected sublease.
Procedural posture
Movant, a sublessee of debtor, sought orders that its rights under a Sublease rejected by debtor survived the trustee's sale of the property and assignment of lease rights to LLC. At issue was whether the assignment extinguished the 11 U.S.C.S. § 365(h) rights of movant where that assignment was made as part of a transaction including the sale of assets free and clear per 11 U.S.C.S. § 363 and the assumption and assignment of Lease per § 365.
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Court
:
In re Roomstore Inc.
Jun
05
2012
Ruling
Purchase option agreement was an executory contract that could be rejected on timely notice by debtor.
Procedural posture
Creditor, the owner of a minority interest in debtor's mattress business, filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362, seeking to enforce a purchase option agreement that was nominally exercisable upon debtor's filing of a bankruptcy petition. Debtor filed an objection to the motion for stay relief and a notice of rejection of the option contract under 11 U.S.C.S. § 365(a).
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Court
:
- 11 U.S.C.
In re DelConte
May
15
2012
Ruling
Debtor ordered to amend plan to reflect value of postconfirmation inheritance.
Procedural posture
Debtors filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. After the court confirmed the debtors' plan, a trustee who was appointed to administer the debtors' plan filed a motion seeking an order under 11 U.S.C.S. § 1329 which required the debtors to modify their plan. The court held a hearing on the trustee's motion.
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Court
:
- FRBP
In re Movie Gallery Inc.
Mar
15
2012
Ruling
Court declined to treat proof of claim as class claim at advanced stage of case.
Procedural posture
Claimant asked the court to apply Fed. R. Bankr. P. 7023 to a proof of claim that he had filed purportedly on behalf of a class of former employees of debtors. Also before the court was the objection of the liquidating trustee to that proof of claim. At issue was whether Rule 7023 was properly applied and whether the claim was entitled to a presumption of validity per Fed. R. Bankr. P. 3001(f).
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Court
:
- 11 U.S.C.
In re Lawhorn
Jan
13
2012
Ruling
Chapter 13 plan proposing to pay creditors more than they would have received in a chapter 7 case was filed in good faith despite exemption claim in entireties property.
Procedural posture
Creditors objected to the confirmation of a debtor's chapter 13 plan on the ground that he did not filed his plan in good faith under 11 U.S.C.S. § 1325(a)(3).
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Court
:
Crockett v. Ferris (In re Ferris)
Mar
31
2011
Ruling
Sale of vehicles by debtor dealer's LLC without reimbursing creditor financer that held title was not grounds for denial of discharge.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor seeking to deny the debtor's Chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2) and (a)(3) and to have amounts due to the creditor excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2) and (a)(4).
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Court
:
Wachovia Bank v. Voccia (In re Voccia)
Feb
01
2011
Ruling
Discharge denied due to failure to schedule parcels of property or interest in business and failure to make prompt amendments.
Procedural posture
Creditor brought an adversary proceeding to deny debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and (B), and § 727(a)(4)(A), on the basis that the debtor, filing under oath, omitted assets and asset transfers and misstated values of assets in his original and amended schedules.
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Court
:
In re Mobile Team LLC
Jan
10
2011
Ruling
Debtor's counsel could withdraw balance of prepetition retainer in accordance with court- approved retention application despite insolvency of estate.
Procedural posture
In a converted case, a chapter 7 trustee filed motion to require the debtor's counsel to disgorge the retainer paid by debtor to his counsel prior to the filing of debtor's chapter 11 petition. Counsel opposed the motion and requested that the court to allow it to draw on the balance of its pre-petition retainer.
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Court
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In re Bermuda Bay LLC
Dec
31
2009
Ruling
Disclosure statement not approved due to inadequate information.
Procedural posture
Bankruptcy debtors owned real property which was part of a resort development and were formulating a reorganization plan of which a key component was the sale of vacation ownership interests in the resort. A creditor secured by a portion of the property objected to the debtors' disclosure statement on the ground that it contained inadequate information.
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Court
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