In re Prieto
Oct
21
2014
Ruling
Debtor's attorneys' claim for fees in civil case limited to retainer due to failure to recognize issues and need for amendments made by other attorneys.
Issue(s)
Should claim of debtor's attorneys in civil case in which debtors paid a prepetition retainer be allowed?
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Court
:
- 11 U.S.C.
Gray v. Savoie (In re Savoie)
May
27
2014
Ruling
Extension of bar date for filing nondischargeability proceeding denied given proper notice to creditor's counsel.
Issue(s)
Was creditor entitled to an extension of the bar date for filing a nondischargeability proceeding where creditor's counsel received notice but creditor allegedly did not?
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Court
:
- 11 U.S.C.
In re Karyl Paxton Design Inc.
Feb
19
2014
Ruling
Property and funds seized by sheriff prior to petition date was property of the estate.
Issue(s)
Was debtor entitled to turnover of property and funds seized by sheriff prior to petition date?
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Court
:
- 11 U.S.C.
In re Heithmeier
Oct
18
2013
Ruling
Creditor entitled to relief from stay where there was no equity in property securing debt.
Issue(s)
Was creditor entitled to relief from stay on the grounds that there was no equity in property securing debt that was not necessary to an effective reorganization.
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Court
:
- 11 U.S.C.
Lease All Inc. v. Bacchus (In re Bacchus)
Jun
11
2013
Ruling
Debt owed pursuant to consent judgment was dischargeable where debtor's belief that the debt had been settled was credible.
Procedural posture
Plaintiff creditor objected to the dischargeability of chapter 7 debtor's debt to it based on willful and malicious injury pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
:
- 11 U.S.C.
In re New Orleans Auction Galleries
Mar
25
2013
Ruling
Administrative expense claim denied as public relations firm did not seek court approval before providing services.
Procedural posture
Claimant public relations firm filed an application for administrative expenses in the form of services it provided to the chapter 11 debtor.
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Court
:
- 11 U.S.C.
In re Gulf States Long Term Acute Care of Covington LLC
Feb
26
2013
Ruling
Debtor's disbursing agent could seek relief for fraudulent conveyance claim not released by plan.
Procedural posture
Disbursing agent for the reorganized debtor filed a motion for relief under 11 U.S.C.S. § 1144, for clarification of the third amended plan, seeking monetary damages and injunctive relief against several parties, including some creditors who part of a settlement of claims with the debtor.
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Court
:
In re New Orleans Auction Galleries Inc.
Jan
15
2013
Ruling
Debtor in possession did not owe debt to creditor under assumed consignment contract until payment was received postpetition.
Procedural posture
Creditor seller consigned certain artworks with debtor. A purchaser agreed to buy the artwork, but later stopped payment on two credit cards on which he charged the purchase. One of the credit card companies reversed itself postpetition and paid part of the purchaser's charge, but the other did not. Creditor had not been paid anything under the consignment.
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Court
:
- 11 U.S.C.
In re Colonial Golf & Country Club Inc.
Jul
16
2012
Ruling
Sale of golf course and country club approved as in best interests of creditors, debtor and estate.
Procedural posture
A chapter 11 debtor filed a motion seeking, inter alia, orders authorizing the sale of the debtor's assets pursuant to 11 U.S.C.S. § 363 and approving sale procedures, form of notice for sale, and scheduling a final sale hearing.
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Court
:
In re Ritter
Mar
09
2012
Ruling
Voluntary dismissal granted despite concerns over debtor's good faith.
Procedural posture
A chapter 13 debtor filed a motion to dismiss his case pursuant to 11 U.S.C.S. § 1307(b). Sua sponte, the court filed a motion to convert his case to chapter 7 pursuant to § 1307(c). The debtor objected to the court's motion to convert.
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Court
: