- 11 U.S.C.
Williams v. Laughlin (In re Laughlin)
Mar
23
2012
Ruling
Judgment debt was nondischargeable due to debtor's embezzlement, on which state court did not rule.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed him a debt in the amount of $576,785 that was nondischargeable under 11 U.S.C.S. § 523(a)(2), (4), and (6). The court granted the debtor's motion for summary judgment on the creditor's claim under § 523(a)(2) and tried the creditor's claims under § 523(a)(4) and (6).
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Court
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In re Thalmann
Mar
13
2012
Ruling
Case ordered converted or dismissed as debt improperly identified as "disputed" put debtor over chapter 13 eligibility limit.
Procedural posture
Debtor filed a petition under chapter 13 of the bankruptcy code, and a judgment creditor and a receiver who was appointed by a Texas court to collect the judgment filed a joint motion to dismiss the debtor's case. The receiver also filed a claim in the amount of $ $347,001 against the debtor's bankruptcy estate, and the debtor filed an objection to the claim.
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Court
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Frazer v. Property Owner Assoc. of Canyon Vill. At Cypress Springs (In re Frazer)
Mar
05
2012
Ruling
Homeowners' association lien could be avoided where outstanding balance on prior purchase money lien exceeded value of subject property.
Procedural posture
Debtors' sought a declaratory judgment that a lien held by the homeowners' association on their homestead was subordinate to a purchase money lien held by their home lender, that there was no equity in their residence, and that their chapter 13 plan could "strip" the association's lien on their homestead under 11 U.S.C.S. §§ 506(a) and 1322(b)(2).
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Court
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- 11 U.S.C.
In re Whitley
Nov
21
2011
Ruling
Debtor's attorney ordered to disgorge undisclosed compensation for two cases that were dismissed without benefit to debtor.
Procedural posture
The court issued a Show Cause Order with respect to the chapter 7 Trustee's argument that the debtor's counsel should disgorge all fees for two bankruptcy cases he filed on behalf of the debtor.
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Court
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In re Ball
Sep
23
2011
Ruling
One half of amount of attorneys' fee requested allowed due to late filing of application.
Procedural posture
In a chapter 13 bankruptcy case, counsel for the debtors filed a fee application after failing to timely file a disclosure statement under Fed. R. Bankr. P. 2016(b).
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Court
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- 11 U.S.C.
In re Okwonna-Felix
Aug
03
2011
Ruling
Settlement proceeds from undisclosed lawsuit were exempt but subject to lien of secured creditor.
Procedural posture
Movant debtor sought to exempt $5,337.50 in proceeds to be paid pursuant to a settlement of a lawsuit against its insurer received from a breach of contract cause of action for the insurer's failure to pay sufficient proceeds under a policy after Hurricane Ike damaged the debtor's homestead. A secured creditor, the debtor's mortgagee, claimed an interest in the proceeds as well.
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Court
:
- 11 U.S.C.
Turner v. First Cmty. Credit Union (In re Turner)
Jul
11
2011
Ruling
Telephone requests for pay off of loans violated stay but did not entitle debtor to damages.
Procedural posture
Plaintiffs, chapter 13 debtors, brought an adversary complaint against defendant creditor bank asserting violations of the automatic stay of 11 U.S.C.S. § 362, resulting from the creditor's telephone request that debtors pay off their loans "outside the bankruptcy" and by placing an indeterminate "freeze" on debtors' bank accounts despite knowledge of debtors' filing.
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Court
:
- 11 U.S.C.
In re MPF Holdings US LLC
Feb
11
2011
Ruling
Litigation trustee did not have standing to bring avoidance proceedings where relevant plan provisions were not specific and unequivocal.
Procedural posture
Plaintiff litigation trustee filed adversary proceedings against various defendants, seeking a determination that transfers defendants received from two businesses that declared Chapter 11 bankruptcy could be avoided under 11 U.S.C.S. § 547. Defendants filed motions to dismiss and motions to enforce the court's order confirming the debtors' Chapter 11 bankruptcy plan, claiming that the litigation trustee did not have standing to sue.
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Court
:
- 11 U.S.C.
In re Bigler LP
Nov
24
2010
Ruling
Plan confirmed as amended to address concerns over impermissible injunctions and releases.
Procedural posture
Debtor businesses filed petitions under chapter 11, and the court ordered joint administration of the debtors' bankruptcy cases. The debtors filed a Third Amended Chapter 11 Plan, and several trusts filed objections to confirmation of the plan.
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Court
:
- 11 U.S.C.
In re Lyons
Nov
04
2010
Ruling
Nunc pro tunc appointment of special counsel to settle claim denied where successor to debtor's original law firm had not sought permission to represent debtor.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code in September 2002, and converted their case to one under Chapter 7 of the Bankruptcy Code in 2008. A trustee was appointed to administer the debtors' Chapter 7 estate, and he filed an application seeking permission to employ special counsel nunc pro tunc, to compromise a controversy pursuant to Fed. R. Bankr. P. 9019, to pay a contingency fee and expenses to a law firm.
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Court
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