Judge Tice

Terry v. Fidelity Natl Title Ins. Co. (In re Ware)

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.
Ruling: 
Defective deed of trust that did not list debtor as grantor could be avoided.
ABI Membership is required to access the full summary of Terry v. Fidelity Natl Title Ins. Co. (In re Ware). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2013, LexisNexis #0413-054

In re Zota Petroleums LLC

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.
Ruling: 
Sublessee could retain rights under rejected sublease.
ABI Membership is required to access the full summary of In re Zota Petroleums LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 01,2012, LexisNexis #1012-117

In re Roomstore Inc.

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).
Ruling: 
Purchase option agreement was an executory contract that could be rejected on timely notice by debtor.
ABI Membership is required to access the full summary of In re Roomstore Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 05,2012, LexisNexis #0612-111

In re DelConte

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.
Ruling: 
Debtor ordered to amend plan to reflect value of postconfirmation inheritance.
ABI Membership is required to access the full summary of In re DelConte. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 15,2012, LexisNexis #0612-032

In re Movie Gallery Inc.

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).
Ruling: 
Court declined to treat proof of claim as class claim at advanced stage of case.
ABI Membership is required to access the full summary of In re Movie Gallery Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 15,2012, LexisNexis #0412-103

In re Lawhorn

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).
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.
ABI Membership is required to access the full summary of In re Lawhorn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 13,2012, LexisNexis #0612-104

Crockett v. Ferris (In re Ferris)

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).
Ruling: 
Sale of vehicles by debtor dealer's LLC without reimbursing creditor financer that held title was not grounds for denial of discharge.
ABI Membership is required to access the full summary of Crockett v. Ferris (In re Ferris). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0511-128

Wachovia Bank v. Voccia (In re Voccia)

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.
Ruling: 
Discharge denied due to failure to schedule parcels of property or interest in business and failure to make prompt amendments.
ABI Membership is required to access the full summary of Wachovia Bank v. Voccia (In re Voccia). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 01,2011, LexisNexis #0311-026

In re Mobile Team LLC

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.
Ruling: 
Debtor's counsel could withdraw balance of prepetition retainer in accordance with court- approved retention application despite insolvency of estate.
ABI Membership is required to access the full summary of In re Mobile Team LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 10,2011, LexisNexis #0211-093

In re Bermuda Bay LLC

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.
Ruling: 
Disclosure statement not approved due to inadequate information.
ABI Membership is required to access the full summary of In re Bermuda Bay LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 31,2009, LexisNexis #0210-095

Pages

Subscribe to Judge Tice