- 11 U.S.C.
In re South La. Ethanol LLC
Mar
16
2011
Ruling
Creditor entitled to administrative expense claim for storage of debtor's equipment but not for all of vendors' operating expenses.
Procedural posture
Before the court in debtor's bankruptcy case was a claimant's Motion for Recognition of Administrative Expense pursuant to 11 U.S.C.S. § 503. A hearing was held.
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Court
:
- 11 U.S.C.
In re Stewart
Oct
21
2010
Ruling
Creditor who failed to file proof of claim and object to treatment under plan not entitled to stay pending appeal.
Procedural posture
Movant, a secured creditor mortgagee, filed a motion for a stay pending appeal of a court order disallowing the creditor's claim to the extent it exceeded $715.91, and ordering it to reimburse the chapter 13 trustee $2,316.91 in overpayments, and credit the debtor's account $1,949.61. The creditor asserted that the debtor's plan failed to properly provide for the full payment of its secured debt.
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Court
:
- 11 U.S.C.
In re Cassara
Feb
24
2010
Ruling
IRS claim was not discharged where IRS was omitted from mailing matrix.
Procedural posture
On December 16, 2006, debtors filed a Motion to Reopen Case to Deem Tax Debts Discharged (Motion). On February 2, 2009, the court granted the Motion when no opposition was received. On February 12, 2009, the Internal Revenue Service (IRS) filed a Motion for New Trial, which was heard on March 10, 2009. At the hearing, the court held that the case would remain open, but would reconsider whether the tax debts were discharged.
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Court
:
- 11 U.S.C.
In re Boudreaux
Feb
24
2010
Ruling
Relief from stay denied where plan would pay mortgage arrearage and bring loan current at completion.
Procedural posture
As of the date that a debtor filed her petition for relief under chapter 13, her home loan was fully accelerated because she failed to maintain the required insurance on the property. The creditor, who held a reverse mortgage executed by the debtor, filed a motion to lift the stay, and the debtor opposed the motion.
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Court
:
Jones v. Wells Fargo Home Mortg. Inc. (In re Jones)
Oct
01
2009
Ruling
Mortgage company ordered to implement accounting procedures designed to ensure accurate pleadings due to errors in proofs of claim.
Procedural posture
In an earlier decision, the court concluded that creditor mortgage company collected undisclosed, unapproved fees and costs and diverted estate property without authority. The court's judgment required the creditor to implement an accounting procedure. The judgment was affirmed in large part on appeal, but the accounting procedures remedy was remanded for further findings.
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Court
:
- 11 U.S.C.
In re Evans Indus.
Sep
16
2009
Ruling
Claim by lessor of facility damaged by hurricane against debtor lessee disallowed absent basis for recovery.
Procedural posture
A lessor of a facility which was damaged by a hurricane filed a proof of claim in the bankruptcy of a debtor who leased the facility, asserting entitlement to an amount for damage which was not reimbursed by the debtor's insurer, a portion of the amount received by the debtor from the insurer, and an administrative claim for environmental damage. The distribution trustee under the debtor's confirmed plan objected to the lessor's proof of claim.
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Court
:
- 11 U.S.C.
Sigillito v. Hollander (In re Hollander)
Jan
14
2009
Ruling
Claims based on debtors' nondisclosure to buyers regarding alterations to home were nondischargeable.
Procedural posture
Plaintiffs, purchasers of a house, brought an adversary proceeding against defendant debtors, alleging that their claims against debtors should be excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) because they were incurred as a result of false pretenses, false representations, or actual fraud. The matter was pending judgment following trial.
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:
Lightfoot v. Amelia Mar. Servs. (In re Sea Bright Marine Inc.)
Nov
24
2008
Ruling
Preference period payments to vendor that differed from earlier payments were not made in ordinary course of business and were avoidable.
Procedural posture
Plaintiff filed an adversary proceeding against defendant, a vendor of chapter 7 debtor, seeking to avoid and recover pursuant to 11 U.S.C.S. § 547 three alleged preferential payments made by the debtor to the vendor, totalling $ 195,000.
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Court
:
- FRBP
In re Stewart
Apr
10
2008
Ruling
Mortgagee's claims for improper fees disallowed and damages assessed for duplicitous and misleading conduct.
Procedural posture
In connection with an objection filed by a chapter 13 debtor to the second amended claim of a mortgagee, the court ordered the mortgagee to produce documents pertaining to the amounts described therein and considered the proper disposition of the objection under Fed. R. Bankr. P. 3001. At issue, inter alia, was the propriety of charges for inspection fees, appraisal fees, other charges, attorneys fees and costs, and certain "escrow advances."
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Court
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In re Grant
Feb
27
2008
Ruling
Conversion to chapter 13 denied due to debtor's bad faith.
Procedural posture
A bankruptcy debtor moved to convert his case from chapter 7 to chapter 13, and the trustee and a creditor objected to conversion on the ground that the debtor was not seeking conversion in good faith.
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Court
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