Judge Lynn

Baumgardner v. Baumgardner (In re Baumgardner)

Plaintiff, chapter 7 debtor's former husband, filed a complaint against debtor, alleging that debtor had no ownership interest in certain property, that he did not owe debtor any monies with regard to the sale of the property, nor owe debtor any monies for child support, and that he was entitled to reasonable attorneys'fees and costs as a sanction for violation by debtor of Fed. R. Civ. P. 11(b).
Ruling: 
Debtor's estate had no interest in real property sold to former husband just prior to petition date pursuant to divorce decree.
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Citifinancial Auto Ltd. v. Flores (In re Flores)

Debtors moved to confirm their proposed chapter 13 plan. The creditor which held a security interest in the debtors'vehicle filed an objection. The issue was whether, by reason of an extended warranty, the creditor's secured claim was greater than the value of the vehicle.
Ruling: 
Extended warranty service did not add value to vehicle for purposes of determining replacement cost.
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Newhouse v. Trizec Props. Inc. (In re Hencie Consulting Servs.)

Chapter 7 trustee filed a complaint against creditor to avoid an allegedly preferential transfer pursuant to 11 U.S.C. § 547(b). Defendant raised the affirmative defense of new value pursuant to section 547(c).
Ruling: 
Permission for debtor to reenter leased premises was not new value and not sufficiently contemporaneous with later payment to establish defense to avoidance.
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In re Mirant Corp.

A reorganization plan in numerous consolidated bankruptcy cases provided for full payment of all creditors plus a substantial return to public shareholders of the bankruptcy debtors. Applicants, including the debtors, creditors' and equity owners' committees, an examiner, unofficial committees, and professionals, submitted final applications for professional fees pursuant to 11 U.S.C. §§ 328, 330 and 503(b).
Ruling: 
Attorneys' fee applications for debtors, official committees and examiner granted with acknowledgment of outstanding success of complex proceedings.
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LDS Express Inc. v. Brown (In re Kingway Logistics Inc.)

Plaintiff lessee filed a motion for summary judgment, seeking judgment on its complaint against chapter 7 trustee and its motion for relief from stay, 11 U.S.C. § 362.
Ruling: 
Lessee who purchased debtor lessor note and mortgage was adequately protected and not entitled to relief from stay.
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In re Mirant Corp.

A chapter 11 debtor filed a motion, pursuant to Fed. R. Bankr. P. 9019, for an order approving a settlement agreement with a power company and for the assumption of a facility and capacity credit ("FCC") agreement from the cooperative. The objectors or holders of "Class 3" claims contested the motions.
Ruling: 
Settlement of complex litigation with power company approved as in best interests of estate.
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Ransom-Jones v. Cordray (In re Cordray)

Plaintiff, an ex-husband of debtor, filed a complaint against defendant debtor (1) opposing her discharge; (2) alternatively, seeking a determination that her alleged debt to him was nondischargeable; and (3) asking that debtor's bankruptcy case be dismissed. The matter was pending findings of fact and conclusions of law.
Ruling: 
Debtor received discharge, and debt owed to ex-husband was deemed dischargeable.
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Catalyst Partners Inc. v. Layton

Defendant debtor filed a motion pursuant to Fed. R. Bankr. P. 7012(b) to dismiss and for judgment, and a motion for more definite statement, in connection with plaintiff former employer's adversary proceeding whereby it sought to have any amounts the debtor owed to the employer as a result of the debtor's breach of a noncompetition agreement declared nondischargeable under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Violation of non-competition agreement did not create nondischargeable debt.
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In re Bryant

Debtors filed a motion to hold the IRS in contempt and impose sanctions for violating the discharge injunction of 11 U.S.C. § 524. The IRS moved to quash the debtors'motion.
Ruling: 
Court ordered the IRS to show cause why it should not be held in contempt for violating a discharge injunction by attempting postdischarge to collect trust fund taxes.
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In re Gonzalez

In a voluntary bankruptcy case, debtor presented her chapter 13 plan to the court for confirmation. Two creditors objected to the plan and moved to compel debtors to make payments and assume or reject an executory contract.
Ruling: 
Debtor's proposed chapter 13 plan was not confirmable since the plan did not provide for the debtor assuming an executory contract.
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