Trimble v. Leeuw (In re Leeuw)
May
23
2012
Ruling
Claims based on debtor's acceptance of payment for wine that was never delivered to customers were nondischargeable.
Procedural posture
Creditors filed complaints against chapter 7 debtors seeking a determination that their claims were excepted from discharge under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). The cases were consolidated.
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Court
:
- 11 U.S.C.
Vitro v. ACP Master LTD. (In re Vitro)
Jun
24
2011
Ruling
Actions against debtor in foreign main proceeding enjoined due to probability of successful reorganization.
Procedural posture
Plaintiff debtor in foreign insolvency proceedings brought an adversary proceeding against defendant holders of notes issued by the debtor seeking to prevent the noteholders from pursuing litigation against the debtor and its non-debtor subsidiaries which were guarantors of the notes. The debtor moved for a preliminary injunction.
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Court
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Neary v. Birenbaum (In re Birenbaum)
Mar
29
2011
Ruling
Motion for denial of discharge denied where debtor's errors and omissions were based on advice of counsel and financial officers who prepared reports.
Procedural posture
Plaintiff U.S. Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's alleged fraudulent transfers, false oaths, and misconduct with regard to the bankruptcy of the debtor's medical center.
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Court
:
- 11 U.S.C.
In re WN Truck Stop LLC
Jan
10
2011
Ruling
Oversecured creditor entitled to relief from stay due to lack of feasibility of debtor's proposed plan.
Procedural posture
Chapter 11 debtor filed a motion for confirmation of its amended plan of reorganization, and its primary secured creditor filed a motion for relief from the automatic stay. The debtor was a Texas limited liability company that operated a roadside convenience store and truck stop, and the creditor was a private direct lender that specialized in short term real estate bridge loans.
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Court
:
In re Smith
Oct
12
2010
Ruling
Order for relief in involuntary case was proper where state court's failure to specify interest rate in judgment did not create a bona fide dispute.
Procedural posture
A creditor filed an involuntary bankruptcy petition against an alleged debtor after the creditor obtained a summary judgment against the debtor based on a guaranty obligation, and the bankruptcy court determined that the debt was not subject to bona fide dispute. Upon remand from the District Court for the Northern District of Texas, the bankruptcy court considered a state appellate ruling that the summary judgment was not final.
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Court
:
- 11 U.S.C.
In re Dennis
Sep
10
2010
Ruling
Debtors in possession granted authority to use cash collateral derived from rental properties with adequate protection granted to mortgagees.
Procedural posture
Debtors, a married couple who were debtors-in-possession (DIPs), sought authority per 11 U.S.C.S. § 361, 11 U.S.C.S. § 362 and 11 U.S.C.S. § 363 to use cash collateral of banks that had asserted interests in certain duplex properties that were owned and operated by DIPs and granting adequate protection to the banks based on their interests therein, which were secured by mortgages thereon.
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Court
:
In re Linda Drive Apts. LLC
Aug
16
2010
Ruling
Debtor in possession granted authority to use cash collateral given good cause shown.
Procedural posture
Before the court was the Chapter 11 debtor's Motion for Authority to Use Cash Collateral.
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Court
:
Kim v. Dome Entmt Ctr. Inc. (In re Kim)
May
06
2010
Ruling
Debtor's spouse had no separate or sole managed community interest in property of the estate.
Procedural posture
The court had previously sustained the objection of intervenor creditor to plaintiff debtor's claim of exemption in certain property above the limit set in 11 U.S.C.S. § 522(p). The debtor sought a declaratory judgment to determine the extent of the interest of the bankruptcy estate and the interest of defendant, his wife, in the property, and the creditor intervened. Both the creditor and the wife filed summary judgment motions.
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Court
:
- 11 U.S.C.
In re Seitz
Apr
08
2010
Ruling
Debtor executrix allowed to speak on behalf of deceased debtor spouse at §341 meeting.
Procedural posture
A chapter 13 debtor's husband and joint debtor died before the 11 U.S.C.S. § 341 meeting of creditors. The debtor was appointed executor of her husband's estate. She filed a motion for executor to appear on behalf of debtor in which she requested that she be allowed to testify at the § 341 meeting on her deceased husband's behalf as executor. A trustee filed a response in which he neither admitted nor denied her request to testify.
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Court
:
- 11 U.S.C.
Choudhury v. Alam (In re Alam)
Mar
04
2010
Ruling
Payments by creditor to debtor who gambled them away were dischargeable absent proof that they were loans or that debtor made misrepresentations.
Procedural posture
Plaintiffs, a wife and a husband, filed a complaint against defendant debtor regarding the nondischargeability of a debt under 11 U.S.C.S. § 523(a)(2)(A) and (B).
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Court
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