In re Beechgrove Redevelopment LLC
Dec
13
2007
Ruling
Debtors allowed to use cash collateral and obtain postpetition financing in accordance with specific terms and conditions.
Procedural posture
The debtors filed for relief under chapter 11, and the debtors' bankruptcy proceedings were jointly administered. The debtors sought orders authorizing the use of cash collateral pursuant to 11 U.S.C. § 363(c), sought to schedule a final hearing pursuant to Fed. R. Bankr. P. 4001 for use of the cash collateral. The debtors also sought authorization of postpetition financing.
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Court
:
Brandon v. Saba (In re Saba)
Sep
27
2007
Ruling
Discharge denied due to debtor's deposit of undisclosed insurance proceeds into business account.
Procedural posture
Plaintiff claimant filed a complaint against defendant chapter 7 debtors, seeking that the debtors'discharge be denied pursuant to 11 U.S.C. § 727(a)(2)(A) and (B), (a)(3), and (a)(4)(A) and (B).
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Court
:
- 11 U.S.C.
Jones v. Wells Fargo Home Mortg. (In re Jones)
Apr
13
2007
Ruling
Mortgage creditor violated stay by failing to explicate calculation of payoff figure, collecting overpayment and unauthorized pre- and postpetition charges.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor, which held a mortgage on the debtor's home, to recover property of the estate.
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Court
:
- 11 U.S.C.
Port Louis Owners Assn v. Savage (In re Savage)
Apr
13
2007
Ruling
Debtor's diversion of condominium association insurance proceeds to personal use resulted in nondischargeable debt.
Procedural posture
Adversary plaintiff, a homeowners association, brought a claim to deny the discharge of a debt for insurance funds that debtors diverted for their own benefit in the rebuilding of two unit structures damaged by a fire. The association's allegations fell under the fraud and embezzlement provisions of 11 U.S.C. § 523(a)(2)(A) and (a)(4).
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Court
:
- 11 U.S.C.
Cambre v. Guthrie-Brown (In re Guthrie-Brown)
Oct
27
2006
Ruling
Misunderstandings of unsophisticated investor did not render debt nondischargeable on grounds of misrepresentation.
Procedural posture
Plaintiff investor brought adversary proceedings against defendant bankruptcy debtors, seeking a determination that a debt to the investor was not dischargeable under 11 U.S.C. § 523(a)(2)(A) based on the debtors'misrepresentations which induced the investor to loan money to the debtors for a real estate development project which ultimately failed. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re White
Sep
29
2006
Ruling
Plan that proposed retention of motor vehicle lien until payment of less than value of creditor's lien was not confirmable.
Procedural posture
Chapter 13 debtor proposed a plan that bifurcated a car loan into secured and unsecured portions, paid the secured portion of the debt based on the value of the vehicle with eight percent interest over the life of the plan, and included the remaining amounts due the creditor in the unsecured class. The creditor objected to confirmation. The court held a hearing on the objection.
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Court
:
- 11 U.S.C.
In re New Orleans Paddlewheels Inc.
Sep
22
2006
Ruling
Chapter 11 trustee appointed due to evidence of malfeasance by president of debtor.
Procedural posture
Movants, a shareholder of chapter 11 debtor and a city, filed motions pursuant to 11 U.S.C. § 1104(a)(1) to appoint a trustee or an examiner. Debtor objected to both motions.
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Court
:
- 11 U.S.C.
In re Haisley
Jul
18
2006
Ruling
Case dismissed as to debtor with two prior bankruptcies but not as to debtor spouse with no prior filings.
Procedural posture
After the debtor husband and wife filed a joint bankruptcy petition, a creditor filed an ex parte request for an order pursuant to 11 U.S.C. § 362(c)(4)(A)(ii), asking the court to confirm that no automatic stay was in effect because the debtor husband had two bankruptcies dismissed within the year preceding the filing of the pending case.
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Court
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In re McCollum
Feb
22
2006
Ruling
Court approved debtor's accelerated lump sum payment proposal to complete the debtor's plan since the proposal was in the best interests of creditors and was made in good faith.
Procedural posture
Debtor filed a Motion For Permission To Sell Property Of Estate. The motion requested authority to sell his home for $37,000. Since the property was unencumbered, debtor was asserting the homestead exemption over the first $25,000 in net sale proceeds. Debtor proposed to pay the remaining proceeds, estimated to be $12,000, to claimants as an accelerated lump sum payment of the amounts due under his plan. The chapter 13 trustee objected.
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Court
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