First Investors Fin. Serv. V. Landrum (In re Landrum)
Jun
03
2008
Ruling
Relief from stay denied where secured creditor was adequately protected.
Procedural posture
Movant creditor filed an amended motion for relief from the automatic stay under 11 U.S.C.S. § 362(d) and the co-debtor stay regarding respondent debtors' exempt property.
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Court
:
- 11 U.S.C.
In re Arnold
May
27
2008
Ruling
Attorney ordered to disgorge fees received postpetition subject to approval of interim fee application.
Procedural posture
A debtor proceeding pro se filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code, which was later converted to a chapter 11 proceeding. A few days after filing, an attorney appeared on behalf of debtor. The debtor filed an application to employ the attorney nunc pro tunc.
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Court
:
- 11 U.S.C.
Kennedy v. Heimann
May
27
2008
Ruling
Bankruptcy court properly dismissed case as filed for improper purpose.
Procedural posture
Appellant creditor sought review of two orders of the Bankruptcy Court for the Eastern District of Texas, which dismissed a bankruptcy case by appellee debtor, pursuant to 11 U.S.C.S. § 521, denied the creditor's motion for sanctions as moot, and denied the creditor's motion to vacate the dismissal order and declined to retain jurisdiction over the sanctions motion.
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Court
:
Markus v. Fried (In re Geneva Steel LLC)
May
14
2008
Ruling
Two-year statute of limitations for avoidance of transfer was tolled due to debtor's nondisclosure.
Procedural posture
Plaintiffs, a chapter 11 trustee and others, filed an adversary proceeding against defendants, a Delaware corporation and others, seeking an order avoiding the transfer of real property to the Delaware corporation. The parties filed cross-motions for summary judgment on the issue of whether the two-year statute of limitations imposed by 11 U.S.C.S. § 546(a) had expired.
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Court
:
In re Viking Offshore
Apr
30
2008
Ruling
Motion to pay bonuses to non-insider employees denied due to lack of sound business justification.
Procedural posture
The debtors filed a motion for authority to pay bonuses to non-insider employees. An indenture trustee under the debtors' bonds opposed the motion on the ground that the amount of the bonuses was excessive.
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Court
:
- 11 U.S.C.
In re Redmond
Apr
14
2008
Ruling
Confirmation denied due to failure to include Veterans Administration disability payments in monthly disposable income.
Procedural posture
A chapter 13 trustee sought dismissal of a debtor's plan based on alleged defects in the plan and the failure of the debtor to provide the trustee with copies of tax returns.
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Court
:
- 11 U.S.C.
In re Henderson
Apr
09
2008
Ruling
Waiver of financial management course granted where debtor died prior to completion.
Procedural posture
Debtor filed a chapter 7 petition on December 1, 2006 and died on December 31, 2006 without having completed the instructional course on personal financial management required by 11 U.S.C.S. § 727(a)(11). His probate estate moved for a waiver of that requirement.
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Court
:
- 11 U.S.C.
In re Parks
Apr
04
2008
Ruling
Case dismissed due to debtors' failure to appear at first meeting of creditors.
Procedural posture
The chapter 13 trustee moved for summary dismissal of debtors' case on the ground that debtors did not appear at the first meeting of creditors held pursuant to 11 U.S.C.S. § 341. Debtors' counsel opposed summary dismissal on the ground that he was unaware that a § 341 meeting had been scheduled.
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Court
:
- 11 U.S.C.
In re Parks
Apr
04
2008
Ruling
Case dismissed due to debtor's failure to appear at creditor's meeting.
Procedural posture
The chapter 13 trustee moved for summary dismissal of debtors' case on the ground that debtors did not appear at the first meeting of creditors held pursuant to 11 U.S.C.S. § 341. Debtors' counsel opposed summary dismissal on the ground that he was unaware that a § 341 meeting had been scheduled.
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Court
:
In re Starmark Clinics LP
Apr
04
2008
Ruling
BAPCPA provisions allowed court to dismiss sua sponte case filed to give debtor's president advantage in two-party suit.
Procedural posture
On April 1, 2008, the court held a hearing on its Order to Show Cause why a patient care ombudsman should not be appointed in this chapter 11 case. Following that hearing, the court entered a second Order to Show Cause why the case should not be dismissed, in light of the appearance that debtor's president may have filed the case in order to gain unfair advantage in a two- party dispute.
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Court
: