Small v. McMaster (In re Small)
Jun
30
2011
Ruling
State court civil contempt order was subject to stay.
Procedural posture
Chapter 7 debtor brought an adversary proceeding in the U. S. Bankruptcy Court for the Southern District of Texas, Galveston Division, against appellant and appellant's attorney, alleging that a state court contempt petition violated the automatic stay. The bankruptcy court held appellant and the attorney liable for the debtor's attorney's fees. Appellant and the attorney appealed.
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Court
:
- 11 U.S.C.
Imus v. Circle Y Saddles Inc.
Apr
07
2011
Ruling
Debtor's prepetition claims were property of the estate but trustee was estopped from pursuing them due to debtor's failure to schedule or include claims in plan.
Procedural posture
Defendant filed a motion to dismiss plaintiff debtors' complaint, which alleged pre-bankruptcy petition claims of breach of contract, trademark infringement, federal unfair competition, false advertising, and violation of the Texas Deceptive Trade Practices Act.
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Court
:
In re Tri-State Ethanol Co. LLC
Jul
10
2007
Ruling
Law firm that represented debtor in chapter 11 case could represent trustee after conversion to chapter 7.
Procedural posture
The debtor initially filed for relief under chapter 11, and the matter had been converted to a proceeding under chapter 7. The company sought to disqualify the law firm retained by the chapter 7 trustee to represent the trustee, because the law firm had previously represented the debtor.
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Court
:
- 11 U.S.C.
In re Squires
May
07
2007
Ruling
Debt owed to Department of Veterans Affairs was nondischargeable due to debtor's misrepresentation of spouse's income in application for pension benefits.
Procedural posture
A chapter 13 trustee and the United States Department of Veterans Affairs objected to the confirmation of a debtor's chapter 13 plan, pursuant to 11 U.S.C. § 1325(a)(3).
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Court
:
In re Tri-State Ethanol Co. LLC
Apr
18
2007
Ruling
Prepetition claim against debtor was not grounds for diqualification of special counsel.
Procedural posture
A company that acquired an ownership interest in chapter 7 debtor objected to a proof of claim filed by debtor's special counsel and to special counsel's fee application, and filed a motion to disqualify special counsel.
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Court
:
In re Cink
Feb
21
2007
Ruling
Bankruptcy court exercised discretion to deny motion for voluntary dismissal of chapter 7 case.
Procedural posture
In this chapter 7 bankruptcy case, the matters before the court were the trustee's motion for turnover and the debtors'motion to voluntarily dismiss the case.
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Court
:
Aguirre v. Fullerton Lumber Co. (In re Aguirre)
Feb
21
2007
Ruling
Debtor could not avoid post-petition, pre-conversion mechanics' lien against exempt homestead.
Procedural posture
Plaintiffs, debtors, filed a complaint against defendant creditor seeking a determination that the creditor's mechanics' lien was avoidable. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
Spyke Inc. v. Zufall (In re Zufall)
Feb
21
2007
Ruling
Stipulation in settlement agreement that debt was nondischargeable was not binding as contrary to public policy.
Procedural posture
Plaintiff judgment creditor brought an adversary claim against defendant debtors, seeking a finding that their claim was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to the terms of a consent judgment. Debtors moved for summary judgment on the issue.
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Court
:
- 11 U.S.C.
In re Almen
Jan
31
2007
Ruling
Debtor's counsel's pre-conversion fees for chapter 7 services are to be treated as general unsecured claims.
Procedural posture
Counsel for a debtor filed an application pursuant to Fed. R. Bankr. P. 2016(a) for compensation and reimbursement for both chapter 7 and chapter 13 services.
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Court
:
- 11 U.S.C.
Jones v. Jones (In re Jones)
Dec
01
2006
Ruling
Debtor's alienation of affection claim against former spouse was property of the estate and could not be set off against nondischargeable divorce decree obligations.
Procedural posture
Ex-spouse filed a complaint to determine that debtor's obligations under their divorce decree were nondischargeable, pursuant to 11 U.S.C. § 523(a)(15). The debtor sought to set off, against the ex-spouse's nondischargeable claim, an alleged claim against his ex-spouse.
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Court
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