In re Loy
Dec
18
2007
Ruling
Petition for recognition of foreign main proceeding granted.
Procedural posture
A foreign debtor was adjudged a bankrupt in a foreign insolvency proceeding, and the representative appointed in the foreign proceeding petitioned for recognition of the foreign proceeding under bankruptcy chapter 15. The representative also requested that the debtor be barred from challenging a lis pendens filed by the representative with regard to real property owned by the debtor in the United States.
ABI Membership is required to access the full summary of In re Loy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rowe Cos.
Dec
14
2007
Ruling
Debtor-in-possession's objection to proof of claim arising from shipments to subsidiary sustained.
Procedural posture
Debtor in possession ("DIP") objected to three proofs of claim filed by two different creditors (Creditor 1 and Creditor 2). At issue in each objection was whether the claims, which arose from each creditor's shipment of goods to an entity (subsidiary) that was wholly owned by DIP, were properly allowed against the DIP.
ABI Membership is required to access the full summary of In re Rowe Cos. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Grubbs
Dec
14
2007
Ruling
Plan of married debtor filing individually could exclude spouse's income to the extent not regularly contributed to household expenses.
Procedural posture
A chapter 13 trustee objected to the confirmation of a chapter 13 debtor's plan, claiming that the appropriate applicable commitment period under 11 U.S.C. § 1325(b)(4) was five years, not three years.
ABI Membership is required to access the full summary of In re Grubbs Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McDow v. Mayton
Dec
13
2007
Ruling
Bankruptcy petition preparer fined for unauthorized practice and enjoined from continuing to act as preparer.
Procedural posture
Plaintiff bankruptcy trustee sued defendant bankruptcy petition preparer, seeking fines, disgorgement of fees, and injunctive relief for the preparer's alleged violations of 11 U.S.C. § 110. The preparer was served with process by mail and otherwise, but failed to file a response or appear. The trustee moved for a default judgment.
ABI Membership is required to access the full summary of McDow v. Mayton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Pamaswamy De Wakar
Dec
07
2007
Ruling
Debtor's spouse and children not entitled to special notices in absence of domestic support obligation.
Procedural posture
A debtor filed a petition under chapter 11, and the United States Trustee ("UST") sought an order requiring the debtor to give his wife and children the special notices required by 11 U.S.C. § 1106(c)(1)(A) and (B).
ABI Membership is required to access the full summary of In re Pamaswamy De Wakar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Forgette
Nov
30
2007
Ruling
Car loan payments debtor owed pursuant to divorce decree did not establish claim for former spouse as payments were owed directly to lender.
Procedural posture
Respondent debtor objected to claimant ex-wife's priority claim in his chapter 13 bankruptcy. The claim represented the debt owed to a creditor bank on a repossessed vehicle.
ABI Membership is required to access the full summary of In re Forgette Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Shaver v. Forgette (In re Forgette)
Nov
30
2007
Ruling
Debtor's liability for car payments pursuant to divorce decree was not a domestic support obligation and was subject to stay.
Procedural posture
Movant, the ex-wife of a chapter 13 debtor, sought relief from stay pursuant to 11 U.S.C. § 362(b) or (d) to enable her to go to state court to enforce that portion of a divorce decree under which debtor was obligated for all indebtedness associated with a vehicle that the parties had owned during their marriage and which decree awarded movant certain rights of use for a limited period of time.
ABI Membership is required to access the full summary of Shaver v. Forgette (In re Forgette) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
SunTrust Bank v. Hue Huu Tran (In re Hue Huu Tran)
Nov
27
2007
Ruling
Stay terminated as to security interest in motor vehicle where debtor failed to timely redeem or reaffirm.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a report of no distribution, and after that report was filed, a bank filed a motion for relief from the automatic stay in order to enforce a security interest in an automobile the debtor owned. The debtor claimed that he was not behind in making payments on the debt he owed.
ABI Membership is required to access the full summary of SunTrust Bank v. Hue Huu Tran (In re Hue Huu Tran) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re WCS Enters.
Nov
20
2007
Ruling
Creditor not entitled to contractual claim for postpetition attorneys'fees.
Procedural posture
A corporate debtor filed a petition under chapter 11, and it objected to a claim that was filed by one of its creditors. The case was converted to one under chapter 7, and the court appointed a trustee to represent the bankruptcy estate. The trustee was substituted as the objecting party.
ABI Membership is required to access the full summary of In re WCS Enters. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
El-Yacoubi v. Hetrick (In re Hetrick)
Nov
16
2007
Ruling
Judgment for slander of title and trespass was nondischargeable.
Procedural posture
Plaintiffs, persons who claimed title to property located in the District of Columbia, filed an adversary proceeding against defendants, chapter 7 debtors, a chapter 7 trustee, and a limited liability company, seeking an order quieting title to real property, a judgment finding that the debtors committed slander of title and trespass, and a judgment finding that their claims for slander of title and trespass were nondischargeable.
ABI Membership is required to access the full summary of El-Yacoubi v. Hetrick (In re Hetrick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: