Spicer v. United States IRS (In re Motion Mktg. Solutions Inc.)
Apr
16
2009
Ruling
IRS lien filed three weeks prior to petition date was not avoidable.
Procedural posture
Plaintiff filed an adversary proceeding against defendant Internal Revenue Service (IRS), seeking an order avoiding a lien the IRS placed on a corporate debtor's property as a preferential transfer under 11 U.S.C.S. § 547(b). The parties filed cross-motions for summary judgment.
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Court
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Estate of Fisher v. JPMorgan Chase Bank (In re Fort Worth Osteopathic Hosp. Inc.)
Apr
15
2009
Ruling
Bankruptcy court abstained from hearing action to recover malpractice judgment where estate had settled and was no longer a party.
Procedural posture
Plaintiff decedent's estate sued defendant trustee of a hospital trust fund and others in state court, seeking to recover on a malpractice liability judgment. After the hospital filed for chapter 7 bankruptcy protection, the trustee removed the action to bankruptcy court. The estate filed a motion to remand, urging the bankruptcy court to abstain from considering the action. The bankruptcy court held a hearing on the motion.
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Court
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In re Pilgrims Pride Corp.
Feb
20
2009
Ruling
Chapter 11 debtor could hire two former employees as consultants to prevent them from working for competition.
Procedural posture
Pursuant to 11 U.S.C.S. §§ 363(b) and 503(c)(3), the chapter 11 debtors moved for an order to enter into consulting agreements with two former employees. The trustee objected to the motion. The bankruptcy court held a hearing.
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Court
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- FRBP
In re Arnold
Feb
04
2009
Ruling
Attorney general's claim for child support arrears allowed only in part due to failure to rebut debtor's objection.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the Texas Attorney General filed a claim in the amount of $ 6,793.57 against the debtor's bankruptcy estate. The debtor filed an objection to the Attorney General's claim.
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Court
:
- 11 U.S.C.
Chizk v. Ramon (In re Ramon)
Feb
03
2009
Ruling
Complaint claiming nondischargeability for breach of fiduciary duty dismissed due to insufficiently pled facts to establish debtor's alleged fiduciary status.
Procedural posture
Creditor filed a second amended complaint asking that defendant chapter 7 debtors be denied a discharge under 11 U.S.C.S. § 727 and that their debt to her be declared nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4). The debtors filed a motion to dismiss pursuant to Fed. R. Civ. P. 9(b) and Fed. R. Bankr. P. 7009. The debtors also sought attorney's fees under 11 U.S.C.S. § 523(d).
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Court
:
- 11 U.S.C.
In re Pilgrims Pride Corp.
Jan
04
2009
Ruling
Adequate assurance agreements with utilities approved but court declined to bar nonfiling creditors from contesting adequacy in future.
Procedural posture
Before the court was a bankruptcy debtor's motion pursuant to 11 U.S.C.S. §§ 105(a) and 366 to (i) approve debtors'proposed form of adequate assurance; (ii) establish procedures for resolving objections by utility companies; and (iii) prohibit utilities from altering, refusing, or discontinuing service.
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Court
:
- 11 U.S.C.
In re Renaissance Hosp. -- Grand Prairie Inc.
Dec
31
2008
Ruling
Appointment of professionals to assist health care ombudsman approved.
Procedural posture
A patient care ombudsman for chapter 11 debtors filed two applications pursuant to 11 U.S.C.S. § 105, § 330, and § 333, seeking court approval to employ the ombudsman's hospital management company as his advisor so that it could be paid from estate assets and to employ counsel to be paid from estate assets.
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Court
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Tex-Link Communs. Inc. v. Lopez (In re Lopez)
Nov
26
2008
Ruling
Electronic service of adversary complaint upon debtor's attorney was improper where attorney did not consent in writing.
Procedural posture
Debtor filed a motion to set aside a default judgment taken against him by plaintiff pursuant to Fed. R. Bankr. P. 7055(c), on the grounds that service was improper under Fed. R. Bankr. P. 7004(b)(9).
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Court
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In re Tusa-Expo Holdings Inc.
Nov
07
2008
Ruling
Debtors authorized to pay priority claims for prepetition wages, compensation and employee benefits.
Procedural posture
After filing for bankruptcy relief under chapter 11, the debtors moved for an order authorizing them to pay pre-petition wages, compensation, and employee benefits. The court considered the motion at a hearing. No objection to the motion was lodged.
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Court
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In re Davis
Oct
16
2008
Ruling
Creditors could not file late dischargeability proceeding by claiming relation back to objection to chapter 13 plan.
Procedural posture
Movant unsecured creditor filed a motion to seeking to extend the deadline to file a complaint to determine nondischargeability of a debt through relation back to the date of the filing of his objections to the debtors' chapter 13 plan. He sought leave to file a complaint objecting to the dischargeability of his claim under 11 U.S.C.S. § 523(a)(2) and (a)(4).
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Court
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