In re MCC Humble Auto Paint Inc.
Nov
09
2012
Ruling
No stay was in effect in debtor's second small business case not filed under circumstances beyond debtor's control or that were unforeseeable.
Procedural posture
A creditor filed a motion to determine the applicability of the automatic stay, contending that no stay went into effect under 11 U.S.C.S. § 362(n).
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Court
:
- 11 U.S.C.
In re Turnkey E&P Corp.
Oct
01
2012
Ruling
Debtor-in-possession's attorneys allowed fees in excess of interim compensation only to the extent benefit was provided to the estate.
Procedural posture
Pursuant to 11 U.S.C.S. § 330, former attorneys for the debtor-in-possession filed an application for allowance of attorneys' fees in the amount of $718,544 and reimbursement of expenses in the amount of $37,730. The court held a hearing on the application.
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Court
:
- 11 U.S.C.
In re Drennan
Sep
13
2012
Ruling
Real estate firm not entitled to administrative expense claim for commission that had not yet been earned under state law.
Procedural posture
Applicant, a real estate firm, sought an award of its real estate commission, 6 percent of the sales price, which was $69,000, as an administrative expense, and requested that the court direct the Trustee to complete the sale of the real property. The Trustee objected to paying the firm its commission since none of the properties had been sold. The Application was filed pursuant to 11 U.S.C.S. §§ 330, 503.
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Court
:
- 11 U.S.C.
In re Morris
Aug
08
2012
Ruling
Relief from stay denied where creditor failed to establish lack of equity in debtor's property.
Procedural posture
The court held an evidentiary hearing on the Motion For Relief From Automatic Stay To Permit Eviction To Continue Regarding Real Property And Request For In Rem Relief filed by movant creditor.
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Court
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In re Colquitt
Aug
08
2012
Ruling
Debtors permitted to amend schedules and statement of financial affairs to reflect exemption of insurance claim for damage to their homestead in Hurricane Ike.
Procedural posture
The court held an evidentiary hearing on the chapter 7 trustee's objection to exemption of undisclosed insurance claim. Debtors sought leave to amend their schedules to exempt the insurance proceeds, citing excusable neglect under Fed. R. Bankr. P. 9006.
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Court
:
- 11 U.S.C.
In re Aninao
Jul
27
2012
Ruling
Sanctions against debtor for noncooperation denied where problem was caused by ineffective communication between attorneys for trustee and debtor.
Procedural posture
A chapter 7 trustee filed a motion to compel and for sanctions, alleging that a debtor's failure to cooperate as required by 11 U.S.C.S. § 521(a)(3) caused unnecessary delay and expense to the estate.
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Court
:
- 11 U.S.C.
In re Manda Ann Convalescent Home Inc.
Jul
20
2012
Ruling
Case dismissed due to debtor's failure to pay postpetition taxes where appointment of trustee was not in best interests of the estate.
Procedural posture
The United States filed a motion for dismissal of a chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b)(1). The Texas Workforce Commissioner joined in the motion. The motion was opposed by the debtor and by a creditor. The creditor asserted that the court should appoint a Chapter 11 trustee rather than dismiss the case.
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Court
:
In re Izen
Jul
20
2012
Ruling
Debtor's third chapter 13 case dismissed due to failure and inability to make plan payments.
Procedural posture
A chapter 13 trustee filed a motion to dismiss a debtor's case or convert to chapter 7 pursuant to 11 U.S.C.S. § 1307(c).
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Court
:
- 11 U.S.C.
Bardwil v. Havelka (In re Havelka)
Jul
20
2012
Ruling
Debt was dischargeable absent knowingly false representations or intent to deceive.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's misrepresentations in inducing the creditor to enter a real estate transaction.
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Court
:
- 28 U.S.C.
Flagship Hotel Ltd. V. City of Galveston (In re Flagship Hotel Ltd.)
Jun
12
2012
Ruling
Bankruptcy court lacked jurisdiction to hear postdischarge proceeding based on state law and not involving plan compliance.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against City of Galveston, Texas, seeking an order requiring the City to turn over $215,920 the debtor claimed it overpaid for water and sewer services the City provided from 1990 through 1995. The City filed a motion to dismiss.
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Court
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