- FRBP
In re Friendship Dairies
Feb
10
2014
Ruling
Stay pending appeal of order lifting stay granted on condition that debtor make monthly payments to creditor.
Issue(s)
Was debtor entitled to stay pending appeal of order lifting the automatic stay?
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Court
:
In re R.L. Adkins Corp.
Feb
06
2014
Ruling
Law firm for creditor oil company entitled to administrative expense claim for fees incurred working on proposed plan.
Issue(s)
Was law firm for successful plan proponent, the purchaser of several small claims against debtor, entitled to administrative expense claim for services in connection with confirmation?
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Court
:
In re Friendship Dairies
Jan
03
2014
Ruling
Confirmation denied due to lack of feasibility and proposal for payment of fees of oversecured creditor without interest for fifteen years.
Issue(s)
Could chapter 13 plan providing for payment of oversecured creditor without interest over fifteen years be confirmed.
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Court
:
In re De Cunae
Dec
06
2013
Ruling
Dismissal denied where less than half of debt was "consumer debt."
Issue(s)
Did student loan obligation constitute "consumer debt" that would make debtor's debts primarily consumer debts, requiring dismissal.
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Court
:
Nevada Prop. 1 LLC v. DAmico (In re DAmico)
Nov
13
2013
Ruling
Casinos' claims were dischargeable as not incurred as a result of false representations.
Issue(s)
Were claims based on unpaid casino lines of credit or "markers" nondischargeable.
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Court
:
- 11 U.S.C.
Shelvin v. Jefferson (In re Shelvin)
Oct
04
2013
Ruling
Non-lawyer fined as bankruptcy petition preparer for providing debtor with completed petition and instructions without proper notice to debtor or court.
Issue(s)
Was non-lawyer a bankruptcy petition preparer who should be fined and penalized for services provided to debtor in violation of § 110.
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Court
:
Flugence v. Axis Surplus Co. (In re Flugence)
Oct
04
2013
Ruling
Debtor estopped from pursuing undisclosed personal injury claim that accrued postconfirmation but before amended plan was confirmed.
Issue(s)
Could debtor pursue undisclosed personal injury claim that accrued after confirmation of initial plan but before confirmation of modified plan .
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Court
:
Judge or Jurisdiction information not available
In re American Hous. Found.
Sep
30
2013
Ruling
Attorneys' fees for unsecured creditors' committee allowed with reduction for fees deemed excessive.
Issue(s)
Could attorneys' fee application of counsel for unsecured creditors' committee be approved despite concerns over sheer amount of fees incurred in numerous adversary proceedings.
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Court
:
- 11 U.S.C.
Lubbock Natl Bank v. Wallace (In re Wallace)
Sep
26
2013
Ruling
False financial statements rendered debt nondischargeable as against debtor but not against debtor spouse absent evidence of intent to deceive.
Issue(s)
Were false financial statements prepared by debtor, signed by debtor and spouse and relied upon by creditor grounds for denial of discharge .
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Court
:
- 11 U.S.C.
In re Lively
May
29
2013
Ruling
Absolute priority rule applies to individual chapter 11 debtors.
Procedural posture
The denial of confirmation of appellant individual chapter 11 debtor's reorganization plan was certified for appeal from the U.S. Bankruptcy Court for the Southern District of Texas to resolve whether chapter 11's absolute priority rule in 11 U.S.C.S. § 1129(b)(2)(B), applied in such individual debtor cases.
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Court
:
Judge or Jurisdiction information not available