Skip to main content

Page Banner(Taxonomy)

judge gargotta

In re Save Our Springs (S.O.S.) Alliance Inc.

Ruling
Chapter 11 case dismissed due to small business debtor's failure to file plan prior to expiration of deadline.
Procedural posture

A creditor moved to dismiss a bankruptcy debtor's case based on the debtor's failure to meet the deadline for the small business debtor to obtain plan confirmation. The debtor moved for a determination that the debtor was not a small business debtor in accordance with the debtor's amended petition which did not claim small business debtor status.

ABI Membership is required to access the full summary of In re Save Our Springs (S.O.S.) Alliance Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 08, 2008 , LexisNexis #1008-013

In re Reyna

Ruling
Objection to credit card debt proof of claim sustained due to lack of supporting evidence.
Procedural posture

In the debtors' chapter 13 bankruptcy case, a creditor filed a proof of claim for a credit card debt. The debtors objected to the proof of claim. The bankruptcy court held a hearing on the objection.

ABI Membership is required to access the full summary of In re Reyna Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 28, 2008 , LexisNexis #1008-019

In re Pina

Ruling
Request for moratorium on chapter 13 plan payments due to situations beyond debtors'control granted as request for modification.
Procedural posture

The debtors filed a motion for a "moratorium" on their chapter 13 plan payments which the court treated as a motion to modify the plan under 11 U.S.C. § 1329. The motion also requested an award of additional compensation for counsel. The chapter 13 trustee filed objections. The court considered identical pleadings and objections in two other cases.

ABI Membership is required to access the full summary of In re Pina Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 23, 2007 , LexisNexis #0208-035