- 11 U.S.C.
In re Pursue Energy Corp.
Oct
23
2009
Ruling
Claim disallowed due to creditor's failure to provide supporting documentation.
Procedural posture
The creditor filed a claim against the chapter 11 debtor's estate. The debtor objected to the claim, because the creditor failed to produce any documentation to show the validity and amount of the claim.
ABI Membership is required to access the full summary of In re Pursue Energy Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McCoy v. Mississippi State Tax Commn (In re McCoy)
Aug
31
2009
Ruling
Debtor's prepetition tax liabilities were nondischargeable.
Procedural posture
Plaintiff debtor, a Mississippi taxpayer, brought an adversary complaint seeking a declaration from this Court that her debt to the State for pre-petition income taxes arising out of her tax obligations for the 1998 and 1999 tax years were discharged in her chapter 7 bankruptcy. Defendant, the State tax commission, moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6).
ABI Membership is required to access the full summary of McCoy v. Mississippi State Tax Commn (In re McCoy) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Whitney Natl Bank v. Todd (In re Phillips) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Premier Entmt Biloxi LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Genesis Hospice Care LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re RADONE P.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fogerty v. Condor Guaranty Inc. (In re Condor Ins. Ltd.)
Feb
09
2009
Ruling
Foreign representative could not exercise avoidance powers in a chapter 15 proceeding.
Procedural posture
Appellant foreign representatives sought review of an order of the Bankruptcy Court for the Southern District of Mississippi, which granted the Fed. R. Civ. P. 12(b)(1) motion of appellee guaranty company to dismiss their adversary proceeding or avoidance action alleging that assets belonging to the debtor were fraudulently transferred by the company to the United States.
ABI Membership is required to access the full summary of Fogerty v. Condor Guaranty Inc. (In re Condor Ins. Ltd.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Barner v. Saxon Mortg. Servs.
Sep
30
2008
Ruling
Pre-BAPCPA order for relief from stay affirmed as new amendments debtor sought to apply were not retroactive.
Procedural posture
Appellee deed of trust owner moved for a determination that an automatic stay did not preclude foreclosure of appellant chapter 7 debtor's home. The bankruptcy court for the Southern District of Mississippi granted the motion. The debtor appealed the order.
ABI Membership is required to access the full summary of Barner v. Saxon Mortg. Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Busby
Aug
28
2008
Ruling
Negative equity was not included in secured portion of 910 vehicle claim under hanging paragraph.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a creditor filed a claim in the amount of $ 26,308.22 on a vehicle the debtors purchased less than 910 days before they declared bankruptcy. A trustee was appointed to represent the bankruptcy estate, and he filed an objection to the creditor's claim.
ABI Membership is required to access the full summary of In re Busby Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Jackson v. Priority Trs. Servs. of Miss. LLC (In re Jackson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: