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In re Diaz

Aug
28
2006
Ruling
Application for debtor's attorneys'fees denied in full due to filing of false schedules without adequately consulting clients or investigating veracity.
Procedural posture

Before the court was the "1st Chapter 13 Fee Application" filed by debtors'attorney.

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opinion summary, case decided on August 28, 2006 , LexisNexis #1006-085
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In re Russell

Aug
26
2006
Ruling
Chapter 13 case dismissed as filed in bad faith after creditor's claim was held nondischargeable in chapter 7 case already pending in another jurisdiction.
Procedural posture

After the debtors filed a voluntary chapter 13 petition and an amended plan, a creditor objected to confirmation of the amended plan on the basis that the debtors had not filed the proceeding in good faith, the plan was not proposed in good faith pursuant to 11 U.S.C. § 1325(a)(3), that all of the debtors' projected disposable income would not be applied to make plan payments pursuant to 11 U.S.C. § 1325(b)(1)(B).

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opinion summary, case decided on August 26, 2006 , LexisNexis #1006-103
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In Landaverde

Aug
25
2006
Ruling
Emergency continuance of stay denied where second chapter 13 case was filed one day after dismissal of prior case without schedules or showing of change in circumstances.
Procedural posture

A chapter 13 debtor filed an emergency motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his second bankruptcy case.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1006-075
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Smith v. Radoff (In re Smith)

Aug
08
2006
Ruling
Creditor's unsecured judgment was voided by entry of discharge and could not be basis for recovery of debtor's property.
Procedural posture

Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, a judgment creditor, the creditor's successor in interest, the successor's attorney, the attorney's law firm, a receiver appointed by a state court, and others, after the receiver withdrew money from his bank account. The debtor, the receiver, and the law firm all filed summary judgment motions. The attorney and law firm also filed an emergency motion for a continuance.

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opinion summary, case decided on August 08, 2006 , LexisNexis #1106-030
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In re Beach Dev. LP.

Jul
24
2006
Ruling
Creditor's objection to claims of limited partner's former spouse and limited partner's receiver overruled.
Procedural posture

Two creditors, an individual and a partnership, objected to the claims of the third and fourth creditors, the debtor's limited partner's ex-wife and the limited partner's receiver, and moved for summary judgment. The receiver objected to the claims of the individual and the partnership. The receiver sought summary judgment on his objections and sought dismissal of the partnership's objection to his claim.

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opinion summary, case decided on July 24, 2006 , LexisNexis #1006-053
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Markus v. Fried (In re Geneva Steel LLC)

Apr
17
2006
Ruling
Trustee's claim against directors for breaches of fiduciary duties were deemed to be core proceedings since the directors had filed proofs of claim against the estate.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against, among others, defendant directors of corporate bankruptcy debtors, alleging that the directors breached fiduciary duties, and the directors counterclaimed for indemnification and compensation for services. The directors moved for a determination that the trustee's claims against the directors were non-core matters under 28 U.S.C. § 157.

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opinion summary, case decided on April 17, 2006 , LexisNexis #0606-065
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Bennett & Fairshter LLP v. Stinky Love Inc. (In re Lacy)

Jan
06
2006
Ruling
Order disallowing attorneys' fees was affirmed since the law firm's postpetition, preconfirmation employment had not been authorized.
Procedural posture

Appellant law firm challenged an order and judgment from the bankruptcy court, which granted a motion by appellee creditor to implement the debtor's confirmed plan of reorganization, pursuant to 11 U.S.C. § 1142, disallowed the law firm's claim for attorneys'fees for postpetition, preconfirmation employment by the debtor.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 06, 2006 , LexisNexis #0106-108
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