In re Demolition & Asset Recovery LLC
Feb
05
2015
Ruling
Defendants in debtor's state court action lacked standing to reopen chapter 11 case.
Issue(s)
Could defendants in chapter 11 debtor's state court lawsuit reopen the debtor's bankruptcy case file a motion requesting the bankruptcy court
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Court
:
- 11 U.S.C.
In re Hawk
Jan
30
2015
Ruling
Liquidated IRA funds that lost their exempt status under state law were required to be turned over to the trustee.
Issue(s)
Did debtor lose state exemption in liquidated IRA funds due to failure to reinvest the funds within the period required to maintain the exemption under the statute?
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Court
:
In re Smith
Jan
27
2015
Ruling
A mediator was a "professional person" for whom court approval was required prior to retention.
Issue(s)
Is a mediator a "professional" under § 327(a) whose employment must first be approved before the mediation can be held?
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Court
:
- 28 U.S.C.
McVey v. Johnson (In re SBMC Healthcare LLC)
Sep
18
2014
Ruling
Shareholders' derivative claims dismissed as properly belonging to debtor's estate and direct claims remanded pursuant to permissive abstention.
Issue(s)
Should shareholders' adversary proceeding against debtor's attorneys for malpractice, breach of fiduciary duty, and unfair trade practices based on alleged negligence in advising debtor to file bankruptcy be remanded or dismissed?
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Court
:
In re CorrLine Intl LLC
Aug
21
2014
Ruling
Creditor LLC that owned 45 percent of debtor LLC could act as sole petitioning creditor to file an involuntary petition against debtor.
Issue(s)
Could creditor and minority shareholder of debtor act as the sole petitioning creditor in filing an involuntary petition against the debtor?
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Court
:
- 11 U.S.C.
Cage v. Smith (In re Smith)
Aug
04
2014
Ruling
Proceeds from postpetition sale of homestead not reinvested as required by state statute were property of the estate.
Issue(s)
Whether the Fifth Circuit's recent holding in the chapter 13 case of Viegelahn v. Frost (In re Frost), that a debtor's failure to timely reinvest proceeds of sale of homestead in a new homestead as required by state law became nonexempt property by operation of law, applies in Chapter 7 cases?
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Court
:
Hill v. King (In re King)
Jul
02
2014
Ruling
Discharge denied due to nondisclosures in schedules and failure to provide sufficient financial records.
Issue(s)
Was debtor's failure to disclose ownership of art and jewelry grounds for denial of discharge?
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Court
:
- 11 U.S.C.
In re Ritchey
Jun
24
2014
Ruling
Lender sanctioned for filing state court action in violation of discharged injunction.
Issue(s)
Did lender violate the discharge injunction by filing a post-discharge action in state court to collect a debt?
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Court
:
In re Digerati Techs Inc.
May
21
2014
Ruling
Non-creditor lacked standing to sue on behalf of estate.
Issue(s)
Could parties who had filed neither a proof of claim nor a proof of interest be granted standing to prosecute actions on behalf of estate?
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Court
:
- 28 U.S.C.
In re Ruth
Feb
13
2014
Ruling
Direct appeal of denial of motion to modify confirmed chapter 13 plan allowed.
Issue(s)
Could debtor take direct appeal of denial of modification of chapter 13 plan?
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Court
: