- 11 U.S.C.
In re Lopez
Sep
18
2009
Ruling
Debtor's lack of effort was insufficient grounds for counsel's motion for extension of time to file necessary documents.
Procedural posture
After a bankruptcy debtor was granted three extensions of time to file documents required by 11 U.S.C.S. § 521, the debtor moved for a fourth extension of time in order to obtain documents.
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Court
:
- 11 U.S.C.
In re Medina
Aug
21
2009
Ruling
Supplier's attempt to collect from building owner did not violate stay in bankruptcy of debtor contractor.
Procedural posture
Debtor, an electrical subcontractor, filed a motion against a supplier alleging that the supplier violated the automatic stay when it sought payment from the owner of a construction job for supplies delivered to the debtor. The debtor sought damages under 11 U.S.C.S. § 362.
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Court
:
- 11 U.S.C.
In re CDX Gas LLC
Feb
13
2009
Ruling
Motion for employment of professionals denied absent details of identity and compensation.
Procedural posture
The court held a hearing on a motion for an order authorizing debtors to retain and employ professionals utilized in the ordinary course of business.
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Court
:
- 11 U.S.C.
PNK (Lake Charles) LLC v. Massey (In re Massey)
Feb
10
2009
Ruling
Gambling debt was dischargeable absent evidence that debtor did not intend to repay.
Procedural posture
Creditor filed an adversary complaint for a determination that a gambling debt owed by debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (B) based on false representations and the use of a materially false, written statement concerning the debtor's financial condition, with the intent to deceive, and upon which the creditor relied.
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Court
:
- 28 U.S.C.
Viking Offshore (USA) Inc. v. Bodewes Winches B.V. (In re Viking Offshore (USA) Inc.)
Feb
05
2009
Ruling
Direct appeal certified where resolution would materially advance progress of chapter 11 case.
Procedural posture
After the court granted a motion filed by defendant, the purchaser of certain winches, to dismiss the adversary proceeding filed by debtors to determine the ownership of the winches, which dismissal was based on the principle of comity, debtors sought reconsideration. In the alternative, debtors asked the court to certify the matter for direct appeal pursuant to 28 U.S.C.S. § 158(d)(2).
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Court
:
- 11 U.S.C.
In re CDX Gas LLC
Feb
05
2009
Ruling
Stay modified to allow state court to determine motion to seal records.
Procedural posture
Movant daughters sought to modify the automatic stay in the debtors' chapter 11 bankruptcy case, pursuant to 11 U.S.C.S. § 362(d)(1), to permit the state court to determine a motion to seal court records. Objectors, the debtors and the limited liability companies (LLCs), opposed the motion for relief from the stay.
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Court
:
In re Safeguard-RX Inc.
Feb
02
2009
Ruling
Extension of plan confirmation deadline denied where confirmation within reasonable period was not likely.
Procedural posture
A debtor filed an emergency motion to extend the deadline for the confirmation of its chapter 11 plan of reorganization, pursuant to 11 U.S.C.S. §§ 1129(e) and 1121(e)(3).
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Court
:
- 28 U.S.C.
Best Ins. Servs. Inc. v. Wells (In re Wells)
Jan
30
2009
Ruling
Bankruptcy court abstained from state law liability determination.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable. The debt was unliquidated and was the subject of a pending state court proceeding. The debtor filed a counterclaim which was essentially the same as that filed in the state court action. The creditor requested that the court abstain from hearing the counterclaim on the basis that it was founded solely on state law.
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Court
:
- 11 U.S.C.
In re Killough
Jan
30
2009
Ruling
Stay in debtors' third chapter 13 case extended, conditioned on performance of plan.
Procedural posture
The debtors filed a first amended motion to extend the automatic stay under 11 U.S.C.S. § 362(c)(3)(B). A creditor filed an emergency motion for dismissal of the chapter 13 bankruptcy case for bad faith.
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Court
:
In re Walton
Jan
16
2009
Ruling
Debtor's attorney awarded additional fees for contesting IRS claims not originally disclosed by debtor.
Procedural posture
Counsel for the debtor filed an amended application for Approval of a fixed fee agreement. The amended application requested an increase in the fixed fee to compensate counsel for time spent and services rendered in connection with the debtor's objection to the claim of the Internal Revenue Service (IRS). Counsel contended that at the time of filing the debtor did not inform him about the existence of outstanding taxes that were owed to the IRS.
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Court
: