Northern District

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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Alkek & Wiliams Oil Ltd. v. Newhouse

The bankruptcy court granted summary judgment to plaintiffs, the debtor corporation's trustee and majority shareholders, and denied summary judgment to defendant minority shareholders, and later denied the minority shareholder's motion for an extension of time to file a notice of appeal under Fed. R. Bankr. P. 8002(c)(2), finding no "excusable neglect." The minority shareholders appealed.
Ruling: 
Bankruptcy court did not err in denying extension of time to file notice of appeal in absence of excusable neglect.
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Hosack v. IRS (In re Hosack)

Defendant United States filed a motion for summary judgment in a post- discharge adversary proceeding brought by chapter 7 debtor against the IRS, alleging that certain debts that the IRS viewed as still owing by debtor had been discharged.
Ruling: 
Tax debt based on income not assessed prepetition but assessable postpetition was nondischargeable.
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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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In re Barraza

A bankruptcy debtor sought chapter 7 bankruptcy relief, but the trustee asserted that the debtor improperly claimed a standard ownership allowance for a vehicle and a deduction from income of repayments of loans from the debtor's 401(k) plans. The trustee moved to dismiss the debtor's chapter 7 case as presumptively abusive under the means test of 11 U.S.C. § 707(b)(2)(A).
Ruling: 
Debtor's chapter 7 case was deemed presumptively abusive since debtor was not entitled to vehicle allowance or loan payment deductions.
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In re Reese

Movant debtor filed a motion for authority to accept executory contracts for the sale of real and personal property and to sell real and personal property free and clear of liens pursuant to 11 U.S.C. § 363(b), a motion to approve an agreed order for the use of cash collateral, and a motion for authority to obtain secured credit under 11. U.S.C. § 364(b)(1). Respondent wife objected to the first two motions.
Ruling: 
Debtor's motion to accept executory contracts for sale of properties free of liens and over wife's objections since sales were fair and reasonable and in best interests of estate and creditors.
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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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First Natl Bank v. Parr (In re Parr)

Plaintiff creditor filed a complaint to determine that the remaining balance of defendant debtor's promissory note was nondischargeable, pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(2)(B) and (a)(4).
Ruling: 
Balance of note owned by officer of debtor car dealership was dischargeable due to creditor's ongoing relationship with debtor and familiarity with financial conditions.
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