- 11 U.S.C.
In re Hysky Communs. LLC
Jan
12
2010
Ruling
Plan confirmed after resolution of objection by U.S. Trustee.
Procedural posture
Debtor, an LLC, filed a petition under chapter 11 and proposed a plan for liquidating its assets and paying some, but not all, claims filed by its creditors. The United States Trustee filed an objection to the debtor's plan. However, the objection was resolved at a hearing held on January 11, 2010.
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Court
:
- 11 U.S.C.
Rucker v. Kercheval (In re Kercheval)
Sep
24
2009
Ruling
Debts were dischargeable absent evidence of fraudulent intent or intent to cause willful and malicious injury.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(6) based on willful and malicious injury, and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false oaths. The creditor also objected to the debtor's claimed exemption in a life insurance policy.
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Court
:
- 11 U.S.C.
In re Dennis
Sep
21
2009
Ruling
Chapter 12 plan confirmed subject to in-court modification providing protection to bank against debtors' possible future failure to make scheduled payment.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 12 of the Bankruptcy Code and a plan for repaying their creditors, A bank that held a security interest on a farm the debtors owned filed a motion to dismiss the debtors' bankruptcy case, claiming that the debtors did not have the ability to complete their plan. The court held a hearing on the bank's motion.
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Court
:
In re Smith
Sep
03
2009
Ruling
Judgment that was not stayed pending appeal was not subject of bona fide dispute and was proper basis for involuntary case.
Procedural posture
A creditor filed an involuntary bankruptcy petition against a judgment debtor of the creditor, and the debtor moved to dismiss the petition on the grounds that the judgment was on appeal, that at least three creditors were required to file the petition, and that abstention was appropriate.
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Court
:
- 11 U.S.C.
Morris v. Allen (In re Morris)
Nov
19
2008
Ruling
Actions by debtor's former spouse and lawyer beyond scope of relief granted from stay entitled debtor to damages.
Procedural posture
Plaintiff debtor filed for relief under chapter 7 of the Bankruptcy Code, and the matter was converted to a chapter 13 proceeding. The debtor filed an adversary proceeding alleging violations of the automatic stay and violations of a relief from stay order made by an attorney while she represented the debtor's husband in a state court divorce proceeding.
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Court
:
- 28 U.S.C.
Wings Rests. Inc. v. Fleet Bus. Credit LLC (In re Wings Rests. Inc.)
Aug
11
2008
Ruling
Tort and contract claims in adversary proceeding against credit card franchise dismissed as "non-core."
Procedural posture
Chapter 7 debtor and its affiliate filed an adversary proceeding against defendants, a creditor and a franchisor, alleging breach of contract, fraud, and other related tort and contract claims. The creditor filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b).
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Court
:
- FRBP
Cadle Co. v. Pratt (In re Pratt)
Jul
30
2008
Ruling
Debtor's counsel awarded fees in costs for successful defense of motion for sanctions.
Procedural posture
The matter was remanded to the court from the U.S. District Court for the Northern District of Texas. The district court had affirmed the denial of a motion for sanctions filed by plaintiff company against defendant debtor, but reversed the court's decision to award attorney's fees and costs to the debtor's attorney. The matter was remanded so the court could determine whether an attorney fee award to the debtor's counsel was warranted.
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Court
:
- 28 U.S.C.
All Star Ford Holdings LLC v. Cole (In re Cole)
Jul
21
2008
Ruling
Debtor who moved to new state to live with brother and then rented a home established residency within 91 days of petition date.
Procedural posture
Defendant debtor filed for relief under chapter 11 of the United States Bankruptcy Code. Plaintiff movant, an interested party in the proceedings, filed a motion to transfer venue of the adversary proceeding to the Western District of Washington. The movants also filed a motion to dismiss for improper venue, or alternatively, to transfer venue for the underlying bankruptcy proceedings. The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Milligan-Moore
Jul
18
2008
Ruling
Stay imposed orally from bench did not affect foreclosure against serial filer completed before entry of order.
Procedural posture
A creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, so that it could commence eviction proceedings against a debtor.
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Court
:
In re Specialty Rest. Group LLC
Apr
24
2007
Ruling
Employment of postpetition counsel approved over objection by creditors' committee to quality of representation of debtor during case.
Procedural posture
A debtor filed an application, pursuant to 11 U.S.C. §§ 327 and 329 and Fed. R. Bankr. P. 2014 and 2016, to authorize the employment and retention of a law firm as its postpetition counsel nunc pro tunc to the date of the bankruptcy petition. A creditors'committee objected that the firm was not disinterested and represented an adverse interest to the bankruptcy estate.
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Court
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