- 11 U.S.C.
In re Bryant
Jan
13
2009
Ruling
Discharge did not preclude IRS from offsetting prepetition refund with prepetition liability.
Procedural posture
A debtor filed for relief under chapter 7 and received a discharge. The debtor filed a motion for relief from a post-discharge offset sought by the Internal Revenue Service (IRS). The debtor claimed that his discharge precluded the IRS from offsetting a prepetition refund with a prepetition liability.
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Court
:
- 11 U.S.C.
K&B Capital LLC v. United States (In re LWD Inc.)
Jan
13
2009
Ruling
Final sale order did not preclude government from proceeding against debtor's principal for failure to pay employment taxes.
Procedural posture
Appellant a debtor's principal, sought review of a decision of the bankruptcy court for the Western District of Kentucky, which denied its motion for contempt against appellee United States, after the principal claimed that the government violated a final sale order of the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Elizabethtown Family Care Clinic LLC
Dec
18
2008
Ruling
Landlord allowed administrative expsense claim for rent incurred after petition date.
Procedural posture
Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
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Court
:
- 11 U.S.C.
In re Reid
Nov
06
2008
Ruling
Trustee's fee application approved with only minor reduction as justified by extensive work on behalf of noncooperative debtor.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an application for compensation, seeking $59,498 in fees and $1,787 in expenses, pursuant to 11 U.S.C.S. § 330. The debtor filed an objection to the application.
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Court
:
- FRBP
In re Wingerter
Oct
08
2008
Ruling
Appeal of nonmonetary sanctions imposed by bankruptcy court dismissed as moot and calling for an impermissible advisory opinion.
Procedural posture
Creditor appealed an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, that imposed sanctions under Fed. R. Bankr. P. 9011(b). The bankruptcy court concluded that the creditor failed to with Fed. R. Bankr. P. 9011(b) to make a reasonable inquiry into the basis of its claim before filing the proof of claim because it made no effort to comply with Fed. R. Bankr. P. 3001(c) and Official Bankr. Form 10.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Citizens Union Bank v. Hayden (In re Hayden)
Oct
07
2008
Ruling
Failure of debtor's son to make payments on loan taken out by debtor to fund son's business was not grounds for denial of discharge.
Procedural posture
Plaintiff creditor filed an adversary proceeding seeking a denial of defendant debtor's discharge under 11 U.S.C.S. §§ 727(a)(4), 523(a)(2)(A), 523(a)(2)(B), 523(a)(4), and 523(a)(6).
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Court
:
Miller v. Certified Constr. Co. of Kentucky LLC (In re Smith Mining & Material LLC)
Sep
12
2008
Ruling
Corporation could not set aside default in adversary proceeding absent showing of excusable neglect.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant corporation seeking to recover preferential transfers, and default judgment was entered against the corporation based on the corporation's failure to respond. The corporation moved to reopen the case and set aside the default judgment.
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Court
:
- 11 U.S.C.
Machanic v. Clark (In re Clark)
Sep
03
2008
Ruling
Debt owed to purchaser of debtor's former residence was dischargeable absent proof of intent to deceive or purcasher's reliance on representations.
Procedural posture
After defendant debtor filed for chapter 7 bankruptcy protection, plaintiff purchaser initiated an adversary proceeding, seeking a determination that the debtor was required to reimburse her for the money she had spent and would spend to correct alleged undisclosed problems with a house she purchased from him. The purchaser also alleged that the damages were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
In re Scarlet Hotels LLC
Aug
22
2008
Ruling
Large award of attorneys' fees of oversecured creditors allowed to stand as due to debtor's poor management of its single asset.
Procedural posture
The debtor appealed from a final order of the United States Bankruptcy Court for the Middle District of Tennessee, challenging the court's award of attorney's fees to law firms for their representation of a trust, the primary creditor of debtor, which operated and was renovating a single asset, a hotel. The debtor argued that the award of $ 469,846 in fees and costs was unreasonable.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
MCS Acquisition Corp. v. Gilpin (In re Gilpin)
Jul
17
2008
Ruling
Bankruptcy court erred in denying relief from stay to allow creditor to pursue rights under judicially approved covenant not to compete.
Procedural posture
Adversary plaintiff, a creditor and the former employer of defendant debtor, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division, that denied its motion for relief from the automatic stay on its motion to enforce a covenant not to compete against the debtor. At issue was whether its equitable rights under the covenant not to compete constituted a claim under 11 U.S.C.S. § 101(5)(B).
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Court
:
Judge or Jurisdiction information not available