Northern District

In re Garza

A property owner filed a motion to compel the Chapter 13 debtor to assume or reject a contract for deed under 11 U.S.C.S. § 365, pursuant to which the debtor agreed to purchase from the owner certain residential real property.
Ruling: 
Contract for deed under which debtor defaulted was not executory and could be cured in chapter 13 plan.
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Consumer case opionion summary, case decided on October 07,2011, LexisNexis #1111-005

In re American Housing Found.

A chapter 11 trustee filed an application to retroactively employ a tax expert and a first and final fee application for that expert.
Ruling: 
Trustee's late application to employ tax expert granted as of filling date but not retroactively.
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Commercial case opionion summary, case decided on September 28,2011, LexisNexis #1111-038

Keeton v. Sohal (In re Sohal)

Plaintiff judgment creditor brought an adversary action against defendant debtors, husband and wife, asking that the debtors' discharges be denied under 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to omissions and misstatements in schedules.
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Consumer case opionion summary, case decided on September 23,2011, LexisNexis #1111-127

In re King

A chapter 13 trustee filed an objection to the debtors' amended chapter 13 plan, alleging that the plan violated the unfair discrimination requirements of 11 U.S.C.S. § 1322(b)(1) because student loan creditors would receive returns of 27 percent to 92 percent of the face amount of their claims, while non-student loan creditors would only recover 25 percent of their claims.
Ruling: 
Plan that paid more to student loan creditors than to other unsecured creditors did not unfairly discriminate.
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Consumer case opionion summary, case decided on September 23,2011, LexisNexis #1211-023

In re Pastran

Chapter 13 debtor, by and through her counsel, filed an application of for allowance of compensation and reimbursement of expenses, pursuant to either 28 U.S.C.S. § 1927, 11 U.S.C.S. § 105(a), and Fed. R. Bankr. P. 9011, to be assessed against two mortgage loan servicing creditors.
Ruling: 
Award of attorneys' fees and expenses against creditor mortgagees for bringing allegedly unfounded stay litigation denied in absence of bad faith.
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Consumer case opionion summary, case decided on September 20,2011, LexisNexis #1011-103

In re Congress Sand and Gravel LLC

Debtors sought confirmation of their proposed Chapter 11 plan of reorganization as immaterially modified by a later version of the plan. The issue was whether the proposed plan satisfied the criteria in 11 U.S.C.S. § 1129.
Ruling: 
Immaterially modified chapter 11 plan could be confirmed.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-099

In re American Mart Hotel Corp.

Movant, a primary lender, filed an amended plan of liquidation for the debtor for confirmation. The objections of all parties had been withdrawn, resolved, or otherwise overruled or addressed.
Ruling: 
Plan of liquidation proposed by lender confirmed as modified.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-025

In re AHF Dev. Ltd.

Movants, including the U.S. Trustee (UST), moved per 11 U.S.C.S. § 1112 to dismiss the Chapter 11 case filed by debtor (Development) while cross-movants, various other parties in interest, asked the court to consolidate it with an affiliated case involving a different Chapter 11 debtor (Foundation) that was a non-profit entity that was Development's sole general partner and had caused Development to file its Chapter 11 in the first place.
Ruling: 
Case filed by non-entity that failed to carry out its duties dismissed.
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Commercial case opionion summary, case decided on August 17,2011, LexisNexis #0911-060

In re Imperial Bev. Group LLC

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.
Ruling: 
Landlord allowed administrative expense claim for postpetition rent incurred in period during which debtor continued to occupy premises.
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Commercial case opionion summary, case decided on July 29,2011, LexisNexis #0911-007

Morton v. Kievit (In re Vallecito Gas LLC)

Chapter 11 trustee filed an adversary proceeding against defendants, individuals and entities that purchased overriding royalty interests ("ORRIs") in an oil and gas lease that was located on Navajo Nation land, seeking a determination that the ORRIs were void or voidable and could be recovered for a gas company's bankruptcy estate pursuant to 11 U.S.C.S. §§ 362, 549, and 550.
Ruling: 
Postpetition assignments of overriding royalty interests in oil and gas leases could be recovered provided amounts paid by assignees were refunded.
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Commercial case opionion summary, case decided on July 19,2011, LexisNexis #0911-127

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