In re Bailey
Sep
24
2010
Ruling
Bad faith dismissal denied as debtor's expenses far exceeded net income.
Procedural posture
Movant, an ex-wife of a chapter 13 debtor, asked the court to dismiss debtor's chapter 13 case as permitted by 11 U.S.C.S. § 1307(c) on her claim that he had filed it in bad faith and for the non-economic purpose of harassing her and causing her increased attorney's fees, and also to circumvent rulings of a state court relating to debtor's financial obligations.
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Court
:
- 11 U.S.C.
In re Bon-Air Pship
Aug
30
2010
Ruling
Voluntary dismissal denied in best interests of debtor and creditor.
Procedural posture
A bankruptcy debtor was a single asset real estate debtor and, within hours of a hearing upon a motion of the bankruptcy trustee to sell the debtor's real property, the debtor moved for voluntary dismissal of its bankruptcy case under 11 U.S.C.S. § 707 to allow the debtor to sell the property.
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Court
:
- 11 U.S.C.
First Exch. Bank of W. Va. v. Cross (In re Cross)
Aug
27
2010
Ruling
Foreclosure deficiency owed by debtor who was an employee of creditor bank was dischargeable absent fiduciary duty.
Procedural posture
Plaintiff creditor sought entry of summary judgment on its claim against the debtor to except a foreclosure deficiency balance of about $50,000 from his chapter 7 discharge under 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Tiger Aircraft LLC
Aug
06
2010
Ruling
Creditor's claim based on equity interest in debtor could not be classified as unsecured.
Procedural posture
A Chapter 7 trustee filed an objection to a creditor's classification of its proof of claim as unsecured on the grounds that the creditor's claim was on account of its equity interest in the debtor and thus, pursuant to 11 U.S.C.S. § 726, it could only be paid if all unsecured claims received full payment. The court treated the parties' briefs as cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Ricco Inc.
Jun
28
2010
Ruling
Chapter 11 trustee appointed due to gross mismanagement.
Procedural posture
The United States Trustee (UST) sought the appointment of chapter 11 trustees in debtors' bankruptcy cases on grounds of gross mismanagement and incompetence. Debtors applied to employ bankruptcy counsel.
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Court
:
In re Universal Enters. of W. Va. LLC
Jun
09
2010
Ruling
Debtor could retain law firm that also represented an associated debtor that leased debtor's property.
Procedural posture
Creditor bank objected to the application of the debtor to employ a law firm as its legal counsel. The law firm also represented an associated chapter 11 debtor that leased property from the debtor.
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Court
:
In re Quail Farm LLC
May
05
2010
Ruling
Single real estate asset case of single member LLC dismissed in best interests of creditors and estate.
Procedural posture
Two creditors sought the dismissal or conversion of a chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b). Their motion was opposed by the debtor and by a subordinate lienholder.
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Court
:
Bailey v. Davant (In re Bailey)
Apr
12
2010
Ruling
Debtor's spouse and spouse's attorney were jointly and severally liable for violating stay by failing to halt garnishment instituted prepetition.
Procedural posture
Chapter 13 debtor filed a complaint against defendants, his former spouse and her attorney, alleging that they violated the automatic stay under 11 U.S.C.S. § 362(a) by failing to affirmatively stop a pre-petition garnishment of his wages. The debtor filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) and Fed. R. Bankr. P. 7012.
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Court
:
Pague v. Harshman (In re Pague)
Apr
05
2010
Ruling
Creditor liable for violating discharge injunction by pursuing personal liability of debtors.
Procedural posture
Plaintiff debtor filed a chapter 7 bankruptcy petition and received a discharge under 11 U.S.C.S. § 727(a). The debtor filed an adversary proceeding against defendants, a creditor and her attorney, seeking damages for violations of the discharge injunction under 11 U.S.C.S. § 524(a). The court granted the debtor's request for entry of default, but deferred ruling on the debtor's request for default judgment.
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Court
:
- FRBP
Barnhart v. Union Bank Inc. (In re Barnhart)
Feb
26
2010
Ruling
Debtor's complaint for damages due to creditor's filing of proof of claim that revealed personal data dismissed.
Procedural posture
Debtors' complaint alleged that defendant creditor electronically filed a proof of claim in their chapter 7 bankruptcy case, which revealed personal identification data. Based on the creditor's filing of its unredacted proof of claim, debtors sought to recover tort damages, disallowance of the proof of claim, and contempt damages. The creditor moved to dismiss the complaint for failure to state a claim.
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Court
: