- FRBP
In re Rosbottom
Feb
22
2012
Ruling
Trustee's settlement of dispute over postpetition sale of vessel and airplane purchased with estate funds approved.
Procedural posture
The trustee, through a compromise motion under Fed. R. Bankr. P. 9019, sought to compromise purported disputes over the ownership of proceeds from the sale of a vessel and an airplane.
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Court
:
- 11 U.S.C.
Debaillon v . Wilkerson (In re Wilkerson)
Feb
14
2012
Ruling
Discharge revoked due to failure to disclose cash held in safe deposit box in chapter 7 or prior chapter 11 cases.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order revoking the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1). The case was tried to the court.
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Court
:
Louisiana Marine Towing LLC v. Bertrand (In re Bertrand)
Aug
19
2011
Ruling
Amounts paid to debtor for construction of tug boat based on false representations that subcontractors had been paid were nondischargeable.
Procedural posture
Creditor filed a complaint against chapter 11 debtors seeking a determination that debts allegedly owed by the debtor husband were nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4).
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Court
:
In re Daigle
Jan
19
2011
Ruling
Trustee's motion to employ debtor's attorneys as counsel to investigate possible fraud involving debtor's former spouse denied on former spouse's objection.
Procedural posture
A Chapter 7 trustee filed a motion to employ counsel pursuant to 11 U.S.C.S. § 327(e). The two attorneys represented the debtor, and one of the attorneys represented the debtor prior to his bankruptcy filing. The debtor's former spouse, who was a creditor, opposed the application.
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Court
:
In re Rosbottom
Dec
01
2010
Ruling
Approval granted for sale of mineral assets free and clear by trustee.
Procedural posture
Chapter 11 trustee filed a motion pursuant to 11 U.S.C.S. § 363(b) for an order authorizing and approving the auction sale of mineral assets free and clear of liens, encumbrances, and interests.
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Court
:
In re Jones
Oct
12
2010
Ruling
Penalty assessed in domestic relations case was not a domestic support obligation and was not entitled to priority status.
Procedural posture
This matter came before the court on debtor's Objection to Proof of Claim No. 2 filed by debtor's former spouse (claimant).
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Court
:
In re McPhedran
Sep
30
2010
Ruling
Creditor ordered to refund payments made pursuant to note and judgment based on personal obligations that had been discharged.
Procedural posture
A Chapter 7 debtor filed a motion to enforce his discharge, for contempt, for violation of the discharge, and for general, punitive, and special damages against creditors.
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Court
:
OConnor v. Trost (In re OConnor)
Sep
30
2010
Ruling
Debtor's liability for breach of non-compete agreement was nondischargeable.
Procedural posture
Plaintiff judgment creditors filed an adversary proceeding against defendant debtors, a husband and wife, seeking a denial of their discharge under 11 U.S.C.S. § 727(a), a declaration that a judgment debt allegedly owed by the debtors to the creditors was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4), and 523(a)(6).
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Court
:
- 28 U.S.C.
Bankston v. Singleton
Dec
30
2009
Ruling
Claims against LLC and majority owner referred to bankruptcy court where one plaintiff's case was pending pursuant to "related to" jurisdiction.
Procedural posture
Plaintiffs, two managers, sued defendants, limited liability company (LLC) and its majority owner. The owner and the LLC removed the case to federal court. The owner and the LLC moved to transfer the case to the United States District Court for the Eastern District of Louisiana for referral to the bankruptcy court in that district. The managers requested that the case be remanded to state court, or, in the alternative to bankruptcy court.
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Court
:
- 11 U.S.C.
Taylor v. Strongbuilt Intl Inc. (In re Strongbuilt Inc.)
Nov
09
2009
Ruling
Chapter 11 plan amended to reflect products liability insurance coverage of debtor in possession.
Procedural posture
This matter came before the court via transfer from the district court for the Southern District of Alabama, Southern Division, for a determination of whether the products liability claim of plaintiffs was discharged in the 2003 bankruptcy case of debtor and whether successor liability of defendant successor (debtor in possession), if any, was subject to insurance coverage.
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Court
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