Northern District

Neary v. Hughes (In re Hughes)

Before the court for judgment was the Adversary Complaint Objecting to Debtor's Discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4) and (a)(5), brought by plaintiff, the U.S. Trustee, and defendant debtor's Original Answer.
Ruling: 
Discharge denied due to debtor's failure to keep proper records.
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Rogers v. Wallace (In re Rogers)

Appellant creditor sought review of a final order issued by the Bankruptcy Court for the Northern District of Texas, which denied the creditor's objection to a claim of exemption in homestead made by appellee debtor in her chapter 7 case. The bankruptcy court refused to apply the restriction of 11 U.S.C. § 522(p) to the debtor's homestead.
Ruling: 
Federal limit did not apply to debtor's homestead exemption.
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William Cameron & Co. v. Gresham (In re Gresham)

Plaintiff creditor appealed an order of the bankruptcy court denying the creditor's motion for approval of a proposed compromise between the creditor and defendant debtors.
Ruling: 
Bankruptcy court applied inappropriately restrictive standards in denying motion for compromise of objection to discharge.
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In re Gadzooks Inc.

The chapter 11 matter was before the court on the final application of counsel to the Official Committee of Equity Security Holders for allowance of compensation. The Liquidating Trustee objected.
Ruling: 
Professional fees could be allowed if reasonable when rendered and could not be judged in hindsight.
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Baker v. Sharpe (In re Sharpe)

Chapter 7 creditor filed an adversary complaint against debtor objecting to the dischargeability of certain debt pursuant to 11 U.S.C. §§ 523(a)(2) and 523(a)(6).
Ruling: 
Oral misrepresentations of wealth by debtor to friend who extended loan did not render debt nondischargeable.
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In re Northwest Timberline Enters.

Affiliated bankruptcy debtors, owners of separate gas stations/convenience stores, proposed a joint reorganization plan involving subordination of the lien of a secured creditor to obtain a new secured loan to pay property taxes, and repayment of the creditor's allowed secured claims in installments with interest. The creditor asserted that the plan was not feasible and moved for relief from the automatic bankruptcy stay.
Ruling: 
Relief from stay granted to allow mortgage creditor to foreclose where proposed chapter 11 plan was unconfirmable and there was no reasonable chance of effective reorganization.
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In re Teraforce Tech. Corp.

The law firm for the unsecured creditors' committee in a chapter 11 bankruptcy case applied for the allowance of compensation and reimbursement of expenses under 11 U.S.C. § 330(a). A secured creditor and the reorganized debtor were the objecting parties.
Ruling: 
Attorneys'fees approved with reduction for reasonableness and inappropriate time entries.
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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 Burns

Chapter 11 debtor filed a motion to reopen his bankruptcy case and to reconsider the allowance of a claim.
Ruling: 
Debtor could not repopen case to contest allowance of claim based on evidence discovered, but not disclosed, while case was open.
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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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