- 11 U.S.C.
In re Superior Boat Works
Nov
21
2012
Ruling
Plan could be confirmed where all members of a particular class casting ballots approved.
Procedural posture
This matter came before the court to consider the Amended Plan of Reorganization and the Report of Ballots and Request for Confirmation Pursuant to 11 U.S.C.S. § 1129(b)(1) (the Ballots Rep, t) submitted by debtor. No objection to the Plan was filed.
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In re Superior Boat Works
Nov
21
2012
Ruling
Corporation controlled by debtor's principals was not entitled to an administrative expense claim for attorneys' fees.
Procedural posture
A related corporation controlled by the same principals as the debtor filed a motion for determination that its payments to two attorneys for pre-petition fees and costs constituted priority administrative expenses and were reimbursable. No objection to the motion was filed.
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- 11 U.S.C.
In re Cooper
Aug
31
2012
Ruling
Confirmation denied as student loan debt was treated unfairly.
Procedural posture
A below-median income debtor who was not eligible to declare chapter 7 bankruptcy filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan that did not pay anything to unsecured creditors. A hospital that was owed $24,760 filed an objection to confirmation of the debtor's plan but negotiated a settlement with the debtor, and the debtor asked the court to approve the settlement and to confirm her amended plan.
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Johnson v. Magee Rentals Inc. (In re Johnson)
Aug
28
2012
Ruling
Actual damages and damages for emotional distress, but not punitive damages, awarded due to creditor's violation of stay despite oral notice of bankruptcy.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendant creditor seeking damages for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
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- 11 U.S.C.
Young v. Twin States Fin. Inc. (In re Young)
Apr
09
2012
Ruling
Postpetition execution in replevin action, arrest and indictment of debtor were willful violations of stay.
Procedural posture
Plaintiff chapter 13 debtor filed a complaint against defendants, a creditor and its agent, alleging violations of the automatic stay under 11 U.S.C.S. § 362(a).
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- 11 U.S.C.
Smith v. Sims (In re Sims)
Feb
17
2012
Ruling
Restitution judgment holding debtor liable for son's debt was dischargeable absent evidence of intent of juvenile court.
Procedural posture
Plaintiff filed an adversary complaint to determine the dischargeability of a restitution debt under 11 U.S.C.S. § 523(a)(7).
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- 11 U.S.C.
United States Trustee v. Gainey (In re Gainey)
Feb
17
2012
Ruling
Discharge denied due to continuing failure to disclose marine assets.
Procedural posture
After debtors won a discharge in a no-asset chapter 7 case, the U.S. trustee (UST), filed an adversary complaint to deny a discharge under 11 U.S.C.S. § 727(a)(4)(A) and 11 U.S.C.S. § 727(a)(2). The underlying issue related to debtors' continuing failure to disclose their ownership of certain marine assets including a marine boat, two jet skis and a pontoon boat, all of which property grossed $23,000 when later sold at auction.
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- 11 U.S.C.
Green Tree Servicing LLC v. Boyd (In re Boyd)
Dec
22
2011
Ruling
Tax sale conducted in violation of stay voided despite alleged lack of knowledge of filing by tax collector.
Procedural posture
Lender sought summary judgment on its complaint to void a tax sale conducted by defendant tax collector of debtors' manufactured home on the ground that the sale violated the automatic stay imposed by 11 U.S.C.S. § 362 in debtors' chapter 13 case. Defendant denied knowledge of the filing of the bankruptcy and asked the court to annul the stay, thereby validating the sale.
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- 11 U.S.C.
In re Taylor
Oct
19
2011
Ruling
Agreement to provide bank with contract rate, rather than Till rate, of interest approved.
Procedural posture
Secured creditor bank filed an objection to confirmation of a debtor's chapter 13 plan. The debtor, the bank, and the chapter 13 trustee filed a proposed Agreed Order in order to resolve the objection.
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- 11 U.S.C.
Soisson v. Hillebrandt (In re Hillebrandt)
Jun
15
2011
Ruling
State court judgment was dischargeable absent finding of business relationship or willful and malicious conduct.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that a judgment he obtained against the debtor in a Texas court was nondischargeable under 11 U.S.C.S. § 523(a)(4) and /or (a)(6). The case was tried to the court.
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