- 11 U.S.C.
In re England Motor Co.
Jan
19
2010
Ruling
Relief from stay granted to the extent creditor bank could set off debtor subsidiary's account against debtor parent's debt.
Procedural posture
Bankruptcy debtors were a parent corporation and two subsidiaries, the parent obtained loans from a bank but did not have an account at the bank, and the subsidiaries had deposit accounts at the bank. The bank moved for relief from the automatic bankruptcy stay to allow the bank to set off amounts deposited in the subsidiaries' accounts against the parent's loan debt to the bank under 11 U.S.C.S. § 553.
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Court
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In re Stinson Petroleum Co.
Dec
16
2009
Ruling
Chapter 11 case converted to chapter 7 in best interests of creditors.
Procedural posture
A hearing was held on the court's Order to Show Cause to determine if cause existed for the dismissal or conversion of debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b).
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Court
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In re Davis
Dec
09
2009
Ruling
Special counsel fees approved for attorney representing debtor against criminal charges.
Procedural posture
Movant, an attorney, filed an application requesting approval of his employment as special counsel to defend the debtor against pending felony criminal charges on a flat fee basis for the amount of $ 10,000, as he had contracted with the debtor. The fee was to be paid from the estate.
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Court
:
- 11 U.S.C.
Herring v. Parish (In re Parish)
Dec
07
2009
Ruling
Judgment for debtors' willful and malicious failure to maintain ditch which flooded creditor's property was nondischargeable.
Procedural posture
In this adversary proceeding, plaintiff judgment creditors filed a complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523 against defendant debtors.
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Court
:
- 11 U.S.C.
Ramsey v. Countrywide Home Loans Inc. (In re Ramsey)
Oct
30
2009
Ruling
Mortgage claim disallowed given evidence that debtor's signature had been forged.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendant mortgage lender, seeking a declaratory judgment that the latter's deed of trust, on which the debtor asserted that his signature had been forged. If the debtor had not signed the deed of trust, he asserted that the deed of trust was void and unenforceable under Miss. Code Ann. § 89-1-29 (1980).
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Court
:
- 11 U.S.C.
Whitney Natl Bank v. Todd (In re Phillips)
Aug
28
2009
Ruling
Debtors lacked standing to pursue counterclaim against creditor for wrongful arrest and incarceration.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that a judgment it obtained against the debtors was nondischargeable. The debtors filed an answer and a counterclaim which alleged, inter alia, that the bank used its position in the community to compel the debtors' wrongful arrest and incarceration. The bank filed a motion for summary judgment on the debtors' counterclaim.
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Court
:
- 11 U.S.C.
In re Premier Entmt Biloxi LLC
Apr
29
2009
Ruling
Claim for "liquidated damages" for debtor's breach of lease after hurricane Katrina was subject to cap.
Procedural posture
Debtor corporations filed petitions under chapter 11 and a lessor filed a proof of claim for the principal sum of $ 136,429. The debtors filed an objection to the lessor's claim, contending that the claim was subject to the statutory cap contained in 11 U.S.C.S. § 502(b)(6).
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Court
:
- 11 U.S.C.
In re Genesis Hospice Care LLC
Feb
23
2009
Ruling
Debtor outpatient care business granted waiver of health care ombudsman appointment.
Procedural posture
A chapter 11 debtor filed a motion, pursuant to Fed. R. Bankr. P. 1021(b) and 2007.2(a), for a waiver of the appointment of a patient care ombudsman (PCO) under 11 U.S.C.S. § 333. The United States Trustee (UST) objected.
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Court
:
- 11 U.S.C.
In re RADONE P.A.
Feb
23
2009
Ruling
Appointment of health care ombudsman waived for debtor provider of outpatient radiological services.
Procedural posture
A chapter 11 debtor filed a motion, pursuant to Fed. R. Bankr. P. 1021(b) and 2007.2(a), to dispense with the appointment of a patient care ombudsman (PCO) under 11 U.S.C.S. § 333. The United States Trustee (UST) objected.
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Court
:
- 11 U.S.C.
Jackson v. Priority Trs. Servs. of Miss. LLC (In re Jackson)
Jul
17
2008
Ruling
Foreclosure that took place one day after petition date invalidated.
Procedural posture
Plaintiff debtor filed a petition under chapter 13 of the Bankruptcy Code, and defendant attorney filed a motion to lift the automatic stay that was imposed, pursuant to 11 U.S.C.S. § 362, so he could possession of property he purchased at a foreclosure sale. The debtor filed an adversary proceeding against the attorney and various financial entities, seeking an order declaring that the foreclosure sale was invalid.
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Court
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