Eastern District

In re U.S. Airways Inc.

Debtor airline company filed a petition under chapter 11, and one of the debtor's employees filed an unsecured priority claim in the amount of $1,300,000. The debtor filed an objection to the claim and moved for summary judgment on its objection.
Ruling: 
Pilot's unsecured priority claim disallowed as duplicative of claim filed by Pension Benefit Guarantee Corporation in debtor's prior case.
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Commercial case opionion summary, case decided on October 31,2007, LexisNexis #1207-137

In re Buker

After debtor won a discharge in a chapter 7 bankruptcy and the case was closed, debtor filed a claim against defendant creditor which claimed that it had violated the discharge injunction. The case was reopened but the parties settled the claim before an adversary complaint could be filed. Debtor then moved again to reopen the case pursuant to 11 U.S.C. § 350 to enforce the ensuing settlement agreement, which motion was opposed by the creditor.
Ruling: 
Bankruptcy court lacked jurisdiction to enforce settlement of action for violation of discharge injunction.
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Consumer case opionion summary, case decided on October 26,2007, LexisNexis #1207-065

In re IPofA W. Oaks Mall LP

Debtors, three Texas limited partnerships (LPs), filed separate petitions under chapter 11, and the court granted their petition for joint administration of their cases. Movant creditor filed a motion for an order appointing a chapter 11 trustee to represent the interests of creditors.
Ruling: 
Chapter 11 trustee ordered appointed where debtor's owner and manager violated fiduciary duties with questionable sale to entity also in bankruptcy.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-054

LaSalle Natl Assn v. Cordova (In re Cordova)

Movant mortgage creditor sought relief from the automatic stay of 11 U.S.C. § 362 in respondent debtor's chapter 7 case.
Ruling: 
Creditor would be entitled to relief from stay to foreclose on property without equity absent conversion to chapter 13 and imposition of repayment plan.
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Consumer case opionion summary, case decided on October 22,2007, LexisNexis #1107-108

In re Hailemichael

A debtor filed for relief under chapter 7. The debtor filed a request for deferment of the credit counseling requirement set forth in 11 U.S.C. § 109(h).
Ruling: 
Deferment of credit counseling requirement where debtor did not claim exigent circumstances for filing or inability to obtain counseling within five days of petition date.
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #1107-071

In re Lilliefors

The debtor had stated under oath that he completed the credit counseling requirement and would file the credit counseling certificate. However, he did not file the certificate. Because there were assets available for distribution to creditors, both the chapter 7 trustee and the United States Trustee filed motions to prevent the case from being dismissed under Interim Bankr. E.D. Va. R. 1007-1(J)(4).
Ruling: 
Debtor who falsely certified compliance with credit counseling requirement could not benefit from actual non-compliance by obtaining voluntary dismissal.
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Consumer case opionion summary, case decided on October 03,2007, LexisNexis #1107-004

In re Huddle

A debtor filed a petition under chapter 13, and a plan for repaying his creditors. The court confirmed the plan without objection on December 5, 2006. A credit union filed a proof of claim for $43,287.44 on April 16, 2007, and the debtor filed an objection to that claim. On May 31, 2007, the credit union filed a motion to amend the debtor's plan to provide for full payment of its claim.
Ruling: 
Credit union bound by confirmation of plan calling for surrender of recreational vehicle in full satisfaction of refinanced debt.
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Brown v. Pit Road Auto Serv. (In re Brown)

The matter was before the court on debtor's motion for contempt. Debtor filed the motion against respondents, two individuals and businesses, alleging violation of the automatic stay of 11 U.S.C. § 362(a). The court earlier granted the motion for contempt. It also earlier awarded debtor $2,244 for attorneys'fees and $3,300 for damages that had been caused to debtor's vehicle. The matter of punitive damages was taken under advisement.
Ruling: 
Sanctions, fees and punitive damages awarded to debtor due to creditors' knowing, intentional violation of stay and of court order for return of collateral.
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In re Cook

Before the court was the motion of the chapter 7 trustee for turnover of $3,670 in state and federal income tax refunds received by debtor.
Ruling: 
Money judgment issued in favor of trustee in amount of tax refund spent by debtor prior to turnover order.
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DaimlerChrysler Fin. Servs. Ams. LLC v. Kasrai (In re Kasrai)

Defendant debtor and his wife filed for relief under chapter 7. Plaintiff creditor, who as a successor to an earlier creditor, filed a motion against the debtor and defendant trustee, for the entry of a comfort order pursuant to 11 U.S.C. § 362(j) to confirm the termination of the automatic stay.
Ruling: 
Creditor's motion for comfort order denied.
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