- 11 U.S.C.
Boleman Law Firm PC v. United States
Nov
28
2006
Ruling
Contemporaneous time records were not required for lodestar analysis of supplemental attorneys'fee applications.
Procedural posture
Appellant law firm appealed the bankruptcy court's order denying the firm's request for supplemental fees and costs.
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Court
:
- 11 U.S.C.
In re Luders
Nov
27
2006
Ruling
Submission of paystubs 45 days after petition was not grounds for automatic dismissal.
Procedural posture
The chapter 13 trustee filed a notice of the debtors'failure to comply with 11 U.S.C. § 521(a)(1)(B)(iv) and requested that the case be automatically dismissed, pursuant to section 521(i)(1).
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Court
:
- 11 U.S.C.
Money One Fed. Credit Union v. Manegan (In re Menegan)
Nov
24
2006
Ruling
Creditor could not except debt from discharge on grounds of misrepresentation while claiming evidence of reliance was covered by attorney-client privalege.
Procedural posture
Chapter 7 debtor filed a motion for summary judgment in creditor's action, which sought to except credit card debt owed it by debtor from discharge pursuant to 11 U.S.C. § 523(a)(2).
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Court
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Northern Va. Regl Park Auth. v. Virginia Elec. & Power Co. (In re Elantic Telecom)
Nov
22
2006
Ruling
Trespass action by park authority against debtor for unauthorized use of fiber optic utility line was not related to bankruptcy.
Procedural posture
Plaintiff park authority sued defendants, an electric company and its transferee, in state court, alleging trespass, unjust enrichment, and constructive trust based on its claim that the electric company unlawfully permitted the transferee to use a fiber optic line on its property. Defendants removed the lawsuit to federal court based on the transferee's bankruptcy proceeding. The authority moved to remand and the transferee moved to transfer.
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Court
:
- 11 U.S.C.
In re Winters
Nov
22
2006
Ruling
Stay imposed in debtors'third case in one-year period due to favorable change in debtors'financial position.
Procedural posture
Because the debtors had two cases pending within the year preceding this case, the automatic stay did not go into effect when they filed. Accordingly, the debtors filed a motion to impose the automatic stay pursuant to 11 U.S.C. § 362(c)(4).
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Court
:
In re Smith
Nov
16
2006
Ruling
Prepetition errors and financial mismanagement were not grounds for substantial abuse dismissal.
Procedural posture
The United States Trustee filed a motion, pursuant to 11 U.S.C. § 707(b), to dismiss the debtors'chapter 7 petition for substantial abuse.
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Court
:
- 11 U.S.C.
In re Plascencia
Nov
08
2006
Ruling
Chapter 13 plan could not be confirmed where unsecured creditors would receive more in chapter 7 regardless of valuation of home purchased from Habitiat for Humanity.
Procedural posture
The chapter 13 trustee filed objections to debtor's confirmation, arguing that her residential property purchased from a branch of Habitat for Humanity should be valued at its fair market value and not the substantially lower value at which Habitat could repurchase it, and that the proposed plan does not pay creditors at least as much as they would receive in a chapter 7 liquidation, as required under 11 U.S.C. § 1325.
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Court
:
- 11 U.S.C.
Soheily v. Vuong (In re Vuong)
Nov
01
2006
Ruling
Mere promise of future performance did not render debt nondischargeable on grounds of fraud absent requisite intention to deceive when promise was made.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2) for false pretenses, false representations, or actual fraud.
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Court
:
In re American Canadian Investments Inc.
Nov
01
2006
Ruling
Credit bid could not be included in calculation of trustee's compensation.
Procedural posture
A chapter 7 trustee requested approval of $64,878 as compensation. The U.S. Trustee objected to the application, arguing that the trustee was only entitled to $12,631 because a credit bid could not be included in the calculation of the trustee's compensation under 11 U.S.C. § 326(a).
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Court
:
- 11 U.S.C.
In re Lacks
Oct
30
2006
Ruling
Complaint in state court action contained sufficient elements to serve as an informal proof of claim.
Procedural posture
Chapter 13 debtors objected to creditor's motion to permit a late-filed proof of claim. Creditor also moved to dismiss debtors'bankruptcy petition.
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Court
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