Froiland, In re--Smart-Fill Mgmt. Grp. v. Froiland
Jul
06
2018
Ruling
Deadline that fell on a legal holiday could not be extended as it was a fixed date set by courtorder. (Bankr. W.D. Tex.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Computing Time.
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Court
:
- 11 U.S.C.
Osherow v. Charles (In re Wolf)
Sep
15
2016
Ruling
Discharge denied due to debtor’s false oaths and fraudulent transfer of property to formerspouse. (Bankr. W.D. Tex.)
Issue(s)
Were transfers the debtor's properties to debtor’s spouse, while facing a large judgment, that were followed by an uncontested divorce, avoidable as fraudulent?
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Court
:
In re Clean Fuel Techs. II LLC
Feb
04
2016
Ruling
Award of attorney's fees upon dismissal of involuntary petition denied where petitioning creditors had valid reasons for bringing the case.
Issue(s)
Could involuntary debtor, whose case was dismissed due to ineligibility of petitioning creditors, recover attorney's fees and costs against the unsuccessful petitioning creditors?
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Court
:
- 11 U.S.C.
In re Dune Energy Inc.
Sep
18
2015
Ruling
Disclosure statement and plan arrived at after good faith negotiations with unsecured creditors' committee and other interested parties could be approved and confirmed.
Issue(s)
Could chapter 11 plan be confirmed?
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Court
:
- 11 U.S.C.
In re SCC Kyle Partners Ltd.
Jun
14
2013
Ruling
Feasible cramdown plan confirmed over objection of oversecured creditor.
Procedural posture
A bankruptcy debtor had a single asset of commercial real property, and the debtor proposed a plan of reorganization which provided for sales of tracts of the property with most of the proceeds of sales being paid to the debtor's primary secured creditor, and all non-insider claims being paid in full. The creditor objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re LMR LLC
May
24
2013
Ruling
Modified amended plan of debtor hotel owner confirmed given market improvement and likelihood of successful recovery.
Procedural posture
The court conducted a confirmation hearing regarding the First Amended Plan of Reorganization, as amended by the Second Amended Plan of Reorganization, and as modified by the Modified Second Amended Plan of Reorganization ("Plan") filed by debtor, and the objection thereto filed by its lender.
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Court
:
- 11 U.S.C.
Acosta v. Durnal-Farhat (In re Durnal-Farhat)
Mar
22
2013
Ruling
Damages sustained as result of dog bite were not due to willful and malicious conduct and were dischargeable.
Procedural posture
Creditor brought an adversary proceeding against defendant debtor seeking a determination that damages she sustained as a result of a dog bite were a non-dischargeable debt of debtor under 11 U.S.C.S. § 523(a)(6). Debtor filed a Motion for Summary Judgment.
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Court
:
- 11 U.S.C.
In re Patriot Place Ltd.
Jan
11
2013
Ruling
Debtor could assume non-residential lease based on compliance, continued income stream and disastrous consequences if assumption was denied.
Procedural posture
In a consolidated hearing, the court heard motions by a chapter 11 debtor- lessee to assume a commercial lease and for confirmation of its competing plan of reorganization for the chapter 11 debtor-lessor. The debtor-lessor sought confirmation of its plan of reorganization and determination of the value of the leasehold interests of the debtor/lessee.
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Court
:
- 11 U.S.C.
Green v. United States (In re Green)
Apr
27
2012
Ruling
Taxes for which no returns were filed were nondischargeable.
Procedural posture
Plaintiff, a chapter 7 debtor, filed an adversary proceeding to determine whether federal income tax liabilities owed to defendant IRS were discharged in bankruptcy and to determine the validity and amount of federal tax liens. Both parties filed motions for summary judgment.
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Court
:
In re S.H. Leggitt Co.
Apr
12
2011
Ruling
Stay lifted to allow state court to adjudicate class action.
Procedural posture
Plaintiffs in a state court action filed a motion for an order declaring the automatic stay of 11 U.S.C.S. § 362(a) inapplicable, or, in the alternative, lifting the stay so that the state court suit could proceed.
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Court
: