In re Royal Manor Mgmt.
Mar
28
2013
Ruling
Attorney sanctioned for efforts to pursue frivolous claims against debtor nursing home.
Procedural posture
A liquidation trustee filed a renewed motion requesting sanctions against an attorney pursuant to the court's inherent power under 11 U.S.C.S. § 105(a) and separately under 28 U.S.C.S. § 1927 for his conduct in litigating matters related to claims filed on behalf of two alleged creditors in these consolidated chapter 11 cases. The attorney filed a motion to recuse.
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Court
:
- 11 U.S.C.
In re Bradley
Feb
06
2013
Ruling
Claim was dischargeable where creditor did not justifiably rely on debtor's misrepresentations.
Procedural posture
Plaintiff creditor filed a complaint against defendant debtor, seeking a determination that debt owed it by the debtor was non-dischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4) and (a)(6).
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Court
:
Smyth v. Edamerica Inc. (In re Smyth)
May
15
2012
Ruling
Bankruptcy court properly refused to reopen case to pursue violation of discharge injunction where student loan debt in question was not discharged in an adversary proceeding.
Procedural posture
Appellant debtor sought review of an order from the U. S. Bankruptcy Court for the Middle District of Tennessee, which found that her student loans had not been discharged in her chapter 7 case and which denied her motion to reopen her case pursuant to 11 U.S.C.S. § 350(b) to pursue an alleged violation of the discharge injunction by appellee student loan creditors. A creditor moved for fees and costs pursuant to Fed. R. Bankr. P. 8020.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Richardson v. Citimortgage Inc. (In re Emerson)
Oct
07
2011
Ruling
Summary judgment denying avoidance of improperly released mortgage affirmed.
Procedural posture
Plaintiff, a Chapter 7 trustee, challenged an order from the United States Bankruptcy Court for the Western District of Michigan, which granted summary judgment to defendant creditor and denied summary judgment to the trustee on his avoidance action pursuant to 11 U.S.C.S. § 544(a)(3).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Shelly
Sep
29
2011
Ruling
Case dismissed due to debtor's inability to file feasible plan.
Procedural posture
The IRS, a secured creditor in a chapter 13 bankruptcy case, filed a motion to dismiss the case on the grounds that the debtors were unable to propose a feasible plan under the requirements of 11 U.S.C.S. § 1325(a)(5)(B)(ii).
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Court
:
- 11 U.S.C.
Cupps & Garrison Loc v. Rhiel (In re Two Gales Inc.)
Jul
14
2011
Ruling
Bankruptcy court erred in denying attorneys' fee application based on priority of distribution after conversion without determining validity of retaining lien.
Procedural posture
Appellant counsel for a bankruptcy debtor prior to conversion of the debtor's case from Chapter 11 to Chapter 7 applied for approval of its attorney fees and costs. Counsel appealed the order of the U.S. Bankruptcy Court for the Southern District of Ohio which denied the fee application and ordered counsel to disgorge a retainer paid by the debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Rogan v. Fifth Third Mortg. Co. (In re Rowe)
Jun
24
2011
Ruling
Avoidance of mortgage reversed where debtor spouse not named as borrower properly executed both mortgage and rider.
Procedural posture
Creditor challenged an order from the U.S. Bankruptcy Court for the Eastern Division of Kentucky granting summary judgment to appellee chapter 7 trustee on the trustee's complaint under 11 U.S.C.S. § 544 seeking to avoid a mortgage held by the creditor on real property owned by the debtors. The creditor also challenged the denial of its cross-motion for summary judgment.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
KABB Pship v. Faye Foods Inc. (In re Faye Foods Inc.)
Dec
20
2010
Ruling
Bankruptcy court properly refused to pay administrative expense claim for debtor's real estate broker fees from proceeds of sale.
Procedural posture
Lessor brought an adversary proceeding against debtor which leased property from the lessor seeking a declaration that the lessor was entitled to the proceeds of a sale of the property by the debtor under a disputed option to purchase granted to the debtor in the lease. The debtor appealed the order of the U.S. Bankruptcy Court for the Western District of Tennessee which granted summary judgment to the lessor.
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Court
:
Judge or Jurisdiction information not available
In re View Cleveland LLC
Oct
25
2010
Ruling
Confirmation denied on feasibility grounds where unsecured creditors would not receive anything until fifth year of plan.
Procedural posture
This matter was before the court for consideration of confirmation of debtor's proposed Amended Fourth Plan of Reorganization, and final approval of debtor's Amended Fourth Disclosure Statement. A creditor filed a Consolidated (A) Objection to Confirmation of Amended Fourth Plan of Reorganization, and (B) Motion to Allow Claim for Voting Purposes and Deeming Objection as Rejecting Vote.
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Court
:
- 11 U.S.C.
Limor v. First Natl Bank (In re Cumberland Molded Prods. LLC)
Jun
23
2010
Ruling
Bankruptcy court erred in ruling that creditor bank lost its secured claim through prepetition turnover of funds.
Procedural posture
Appellant bank, a secured creditor, challenged an order of the U.S. Bankruptcy Court for the Middle District of Tennessee, at Nashville, granting summary judgment to appellee chapter 7 trustee on a complaint to avoid the bank's security interest in a checking account and in proceeds of accounts receivable deposited therein. At issue was the effect on the bank's position of its act of honoring of debtor's check thereon made payable to the trustee.
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Court
:
Judge or Jurisdiction information not available