- 11 U.S.C.
In re J&J Fritz Media Ltd.
Nov
24
2010
Ruling
Stay lifted in small business case pursuant to prior order where confirmation had not occurred within 45 days of filing plan.
Procedural posture
Debtor's largest creditor sought an order confirming termination of the automatic stay in this small business chapter 11 case. Debtor opposed that relief.
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Court
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Wyndham Vacation Resorts Inc. v. Faucett (In re Faucett)
Oct
12
2010
Ruling
Documents submitted with debtor's summary judgment motion ordered redacted or sealed to extent containing "confidential commercial information."
Procedural posture
Plaintiff, a corporation that formerly employed defendant, a chapter 7 debtor, sought an order sealing certain documents that had been submitted by debtor in connection with his summary judgment motion. The basis for that request, made pursuant to 11 U.S.C.S. § 107(b) and Fed. R. Bankr. P. 9018, was that the documents constituted "confidential commercial information" within the meaning of § 107(b) and should not be accessible to the public.
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Court
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In re Hammons
Aug
30
2010
Ruling
Debtors could reject executory contract for debtor-financed sale of residential real estate as closing had been adjourned and buyers had not made any payments.
Procedural posture
In a chapter 13 bankruptcy case, debtors made a motion, pursuant to 11 U.S.C.S. § 365(i), to reject an executory contract concerning residential real property regarding the sale of a house to buyers.
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Court
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Schecter v. Godfrey (In re Godfrey)
May
17
2010
Ruling
Bankruptcy court lacked jurisdiction over creditor's claims against non-debtor entities.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendants, a bankruptcy debtor and non-debtor entities, seeking a determination that a debt to the creditors was nondischargeable based on fraud committed by the debtor and the entities. The entities moved to dismiss the claims against the entities for lack of jurisdiction.
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Court
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- FRBP
In re Herrera
Jan
08
2010
Ruling
Stay pending appeal of conversion order denied due to debtor's abuse of bankruptcy process and concerns over real property assets.
Procedural posture
After the court issued an order converting a chapter 13 case to chapter 7, the debtor filed a motion for a stay pending appeal.
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Court
:
- FRBP
In re Herrera
Dec
23
2009
Ruling
Stay pending appeal of conversion from chapter 13 to chapter 7 denied due to debtor's pattern of abuse.
Procedural posture
Following a bankruptcy court's order converting a debtor's case from chapter 13 to chapter 7, the debtor filed a motion for stay pending appeal pursuant to Fed. R. Bankr. P. 8005.
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Court
:
- FRBP
In re Fiesta Inn & Suites LP
Dec
21
2009
Ruling
Stay pending appeal of judgment that debtor's counsel allowed debtor to exhaust cash collateral denied.
Procedural posture
A chapter 7 debtor's counsel sought a stay pending appeal from an order finding him in contempt and assessing a judgment against him, payable to a creditor whose cash collateral the court found was dissipated in violation of two court orders and in violation of 11 U.S.C.S. § 363(c).
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Court
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- 11 U.S.C.
Mann Bracken LLP v. Powers (In re Powers)
Dec
17
2009
Ruling
State court judgment that did not make requisite findings of "willful and malicious" conduct did not estop debtor from contesting dischargeability.
Procedural posture
Plaintiffs, creditors in this adversary action against defendant debtor, filed a motion asking the court to rule that, based upon an order entered pursuant to Fed. R. Civ. P. 11 in a prior lawsuit in a federal district court sanctioning the debtor, the debtor was collaterally estopped from arguing that the sanction could be discharged in his chapter 7 bankruptcy.
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Court
:
- FRBP
In re SI Restructuring Inc.
Dec
11
2009
Ruling
Court denied motion to reconsider ruling that chapter 11 plan did not reserve rights of action against LLC and debtor's former directors.
Procedural posture
The movants filed a motion pursuant to § 7.7 of a confirmed amended plan of liquidation (the 7.7 motion) requesting permission for derivative standing to file estate causes of action against a limited liability partnership and against former directors of the chapter 11 debtor (the potential defendants). The court denied the 7.7 motion. The movants filed a motion to reconsider under Fed. R. Bankr. P. 9023. The potential defendants objected.
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Court
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- 11 U.S.C.
Eastman v. Baker Recovery Servs. (In re Eastman)
Oct
15
2009
Ruling
Creditor that obtained default judgment despite knowledge of discharge, causing debtor to lose job and security clearance, violated discharge injunction.
Procedural posture
Plaintiff debtor brought an adversary action against defendant debt collectors, seeking a declaratory judgment that they had violated the discharge injunction of 11 U.S.C.S. § 524 when they attempted to collect a discharged debt. The debtor sought injunctive relief, statutory and actual damages under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq., several Texas statutes, and for infliction of emotional distress.
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Court
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