- 11 U.S.C.
In re Williford
Jul
17
2013
Ruling
Stay terminated in debtor's second case as to debtor and debtor's property but not as to property of the estate.
Procedural posture
The debtor filed a motion to extend the automatic stay, and the creditor filed a motion to confirm termination of the stay as to certain real property. The court denied the debtor's motion to the extent that it requested a retroactive reinstatement of the automatic stay, but it took under advisement the issue of whether the operation of 11 U.S.C.S. § 362(c)(3) terminated the entire automatic stay.
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Court
:
- 11 U.S.C.
S&S Food Corp. v. Sherali (In re Sherali)
Mar
14
2013
Ruling
Debt was nondischargeable due to debtor's actions in causing creditor to make unlawful distributions to himself.
Procedural posture
Creditor filed a complaint against debtor, seeking a determination that debt owed it by the debtor was nondischargeable under 11 U.S.C.S. § 523.
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Court
:
- 11 U.S.C.
In re Brunson
Feb
19
2013
Ruling
Claims could not be disallowed where sole basis for objections was insufficient documentation.
Procedural posture
The debtors declared chapter 13 bankruptcy and filed objections to twenty unsecured claims that were filed against their bankruptcy estate, contending that the claims had to be disallowed because the claimants had not provided documents that were sufficient to establish a prima facie claim. The debtors withdrew their objections to five claims after creditors filed amended claims, and the court held a hearing on the remaining objections.
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Court
:
- 11 U.S.C.
In re MRI Beltline Indus. LP
Aug
13
2012
Ruling
Rents conditionally assigned were property of the estate and could be used as cash collateral.
Procedural posture
The court held a final hearing to consider the use by the debtor of cash collateral. At the final hearing, the debtor and the secured creditor disputed two issues: (i) whether an assignment of rents in favor of the creditor was "conditional" or "absolute" under Texas law, and (ii) whether the court could impose a "carve-out" from the creditor's collateral to pay its attorneys' fees over the creditor's objection.
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Court
:
- 11 U.S.C.
In re Cano Petroleum
Jul
18
2012
Ruling
Plan incorporating eight separate plans confirmed.
Procedural posture
Chapter 11 debtors submitted, for confirmation, a second amended joint plan of reorganization which incorporated eight separate plans of reorganization with respect to each of the debtors except one. The court entered findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052, as applicable to the proceeding pursuant to Fed. R. Bankr. P. 9014.
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Court
:
- 11 U.S.C.
Avila v. Perez (In re Perez)
Jul
03
2012
Ruling
Debt was nondischargeable due to debtor's fraud and embezzlement.
Procedural posture
Plaintiff sought to liquidate his claims against chapter 7 debtor and have his claims determined to be nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and/or (a)(6).
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Court
:
- 11 U.S.C.
In re Kim
Apr
30
2012
Ruling
Motion for use of cash collateral granted where necessary to debtor's ability to maximize value of assets.
Procedural posture
The capter 11 debtors in possession filed a motion for use of cash collateral pursuant to 11 U.S.C.S. § 363.
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Court
:
- 28 U.S.C.
Faulkner v. Kornman (In re Heritage Org. LLC)
Feb
14
2012
Ruling
28 U.S.C. §158(d)(2) does not apply retroactively to cases filed before effective date of BAPCPA.
Procedural posture
In an adversary proceeding, business entities sought an order certifying two prior orders of the court for immediate appeal under 28 U.S.C.S. § 158(d)(2). Trustee opposed the motion.
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Court
:
- 11 U.S.C.
Farooqi v. Carroll (In re Carroll)
Dec
13
2011
Ruling
Debt was nondischargeable due to fraudulent inducement by debtor franchisor to franchisee.
Procedural posture
A prospective franchisee filed an adversary proceeding against chapter 13 debtor, alleging that the debtor committed fraudulent inducement and fraud, and violated the Texas Deceptive Trade Practice Act ("DTPA"). Plaintiff asked the court for an award of compensatory, consequential, and punitive damages, to treble those damages under the DTPA, and to find that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
In re Imperial Bev. Group LLC
Jul
29
2011
Ruling
Landlord allowed administrative expense claim for postpetition rent incurred in period during which debtor continued to occupy premises.
Procedural posture
A bankruptcy debtor was a wholesale wine distributor which leased premises for office and warehouse use, and the landlord under the lease claimed that the debtor owed rent for the period after the debtor filed its bankruptcy petition, and for the period after the lease expired when the debtor continued to occupy the premises. The landlord moved for allowance of postpetition rent as an administrative expense.
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Court
: