- 11 U.S.C.
McGee v. McGee (In re McGee)
Jun
10
2008
Ruling
BAPCPA eight year filing bar was not impermissibly retroactive as applied to 2007 case.
Procedural posture
The U.S. Trustee filed a complaint objecting to debtors' second chapter 7 discharge, asserting that the eight year time period in 11 U.S.C.S. § 727(a)(8) precluded them from obtaining the discharge. The trustee sought summary judgment.
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Court
:
- 11 U.S.C.
In re Winterville Marine Servs.
Apr
16
2008
Ruling
Trustee could retain counsel for action on insurance claim that had filed a claim against debtor subject to provision of appropriate waivers.
Procedural posture
A corporate debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an application to hire counsel to assist him in prosecuting an adversary proceeding he filed, and after the court denied the trustee's application because it was filed under 11 U.S.C.S. § 327(e), the trustee filed a First Amended Application under 11 U.S.C.S. § 327(a).
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Court
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In re Winterville Marine Servs.
Apr
16
2008
Ruling
Trustee could hire counsel that had represented parties with claims against debtor where there was no interest adverse to estate.
Procedural posture
A corporate debtor filed a petition under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an application to hire counsel to assist him in prosecuting an adversary proceeding he filed, and after the court denied the trustee's application because it was filed under 11 U.S.C.S. § 327(e), the trustee filed a First Amended Application under 11 U.S.C.S. § 327(a).
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Court
:
- 11 U.S.C.
In re White
Mar
07
2008
Ruling
Debtor not required to list recipient of domestic support order that had not matured prepetition in initial schedules.
Procedural posture
The court issued a show cause order as to why sanctions or other relief should not be imposed for the failure of the debtor's attorney to comply with a corrected deficiency notice concerning a monthly domestic support obligation (DSO) expense in the amount of $ 650 per month that debtor disclosed on Schedule J.
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Court
:
- 11 U.S.C.
In re Armstrong & Guy Law Office LLC
Dec
21
2007
Ruling
Relief from stay granted to allow attorneys'fee litigation related to Fen-Phen liability cases to move forward.
Procedural posture
In a state court civil action, debtors were scheduled to defend a case involving contract and fee-splitting disputes among attorneys in the prosecution of numerous Fen-Phen cases. After the debtors filed voluntary chapter 11 petitions, the attorneys sought modifications of the automatic stay under 11 U.S.C. § 362(d)(1) to permit the underlying litigation to go forward.
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Court
:
- 11 U.S.C.
In re Tate
Dec
18
2007
Ruling
Debtors could not take deduction for vehicle owned free and clear, resulting in dismissal for abuse.
Procedural posture
Before the court was the U.S. Trustee's (UST's) motion to dismiss pursuant to 11 U.S.C. § 707(b)(2), as well as the chapter 7 debtor's opposition thereto.
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Court
:
Bridgewater v. Northrup Grumman Ship Sys.
Nov
29
2007
Ruling
Employment discrimination suit dismissed as not disclosed in debtor's bankruptcy.
Procedural posture
Defendant employer filed motions to substitute exhibits and for summary judgment in plaintiff employee's suit alleging that the employer maintained a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1981. The employee sought monetary as well as injunctive and declaratory relief.
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Court
:
- 11 U.S.C.
United States Trustee v. Williams (In re Williams)
Aug
30
2007
Ruling
Debtor could not be denied discharge for noncompliance with instructions from chapter 7 trustee where conversation was subject to two valid interpretations.
Procedural posture
Plaintiff United States Trustee filed a complaint against defendant debtor alleging that the debtor should be denied a discharge pursuant to 11 U.S.C. § 727(a)(2) based on her failure to comply with instructions from the chapter 7 trustee.
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In re Premiere Entertainment Biloxi LLC
Oct
10
2006
Ruling
Debtor allowed to use insurance proceeds to rebuild casino resort damaged by Hurrican Katrina.
Procedural posture
Chapter 11 debtors filed a motion pursuant to 11 U.S.C. § 363(c) and Fed. R. Bankr. P. 4001(b) for an order authorizing the use of cash collateral on an interim basis. Creditors filed objections to the motion.
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Court
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In re Consolidated FGH Liquidating Trust
Sep
29
2006
Ruling
Claims for outstanding amounts under stock purchase agreement arose from purchase and sale of securities and were subject to subordination.
Procedural posture
In a consolidated bankruptcy proceeding, liquidating trustee filed objections to claimants'proofs of claims regarding a stock purchase agreement wherein the claimants sold stock to the debtor.
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Court
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