- 11 U.S.C.
In re City of Detroit
Feb
12
2015
Ruling
Professional fees in complex case of debtor city approved as reasonable.
Issue(s)
Have all amounts to be paid by debtor city or by any person for services or expenses in the case or incident to its chapter 9 plan been fully disclosed and are they reasonable?
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Court
:
- 11 U.S.C.
In re City of Detroit
Dec
31
2014
Ruling
Debtor city's plan of adjustment approved with conditions.
Issue(s)
Should debtor city's eighth amended plan of adjustment be confirmed?
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Court
:
- 11 U.S.C.
In re City of Detroit
Feb
28
2014
Ruling
Trustee lacked authority to appoint a committee of unsecured creditors in a chapter 9 case prior to order for relief.
Issue(s)
Should trustee's appointment of an official committee of unsecured creditors in debtor city's chapter 9 case be vacated?
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Court
:
- 28 U.S.C.
In re City of Detroit
Dec
20
2013
Ruling
Motion for direct appeals of interlocutory orders in chapter 9 case denied.
Issue(s)
Should direct appeals of interlocutory orders be allowed in city's chapter 9 case.
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Court
:
- 11 U.S.C.
In re Modiri
Jul
02
2012
Ruling
Case ordered converted or dismissed due to debtor's ability to fund chapter 13 plan.
Procedural posture
The U.S. Trustee filed a motion to dismiss debtor's chapter 7 case for abuse under 11 U.S.C.S. § 707(b). The UST contended that debtor's expenses of $3,000 per month for rent and utility expenses and $1,000 per month for transportation expenses were excessive and that when these were adjusted, debtor could repay his creditors a substantial dividend in a chapter 13 case. Debtor filed an objection to the motion. The court conducted a hearing.
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Court
:
In re John Richards Homes Bldg. Co. LLC
Oct
27
2011
Ruling
Additional fees awarded against petitioning creditor for appeals of fees awarded on dismissal of involuntary petition due to egregious conduct.
Procedural posture
On remand from the district court was the application of involuntary debtor's counsel for a second award of attorney fees and expenses against a petitioning creditor, based upon the successful defense of debtor's 11 U.S.C.S. § 303(i) judgment on appeal to the district court, the court of appeals and the U.S. Supreme Court, and for its attempts to collect on the original judgment against the creditor, and for punitive damages.
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Court
:
- 11 U.S.C.
Stevenson v. Turkowski & Son Funeral Home Inc. (In re Nowlen)
Aug
02
2011
Ruling
Payment of insurance proceeds to pay for funeral was made in ordinary course of business and was not avoidable.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendant funeral home for recovery of funds that a debtor paid to the funeral home as a preferential transfer under 11 U.S.C.S. § 547(c)(2) or as a fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B). Both the trustee and the funeral home filed motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Rice
Aug
02
2011
Ruling
Debtor who did not read schedules could not amend as failure to include exemptions was not unintentional.
Procedural posture
A Chapter 7 debtor filed an amended Schedule C in which he claimed an exemption for a cashier's check for retirement funds in the amount of $95,000 and for garnished retirement funds in the amount of $18,807 under 11 U.S.C.S. § 522(d)(12). The trustee filed an objection to the debtor's amended claim of exemptions.
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Court
:
- 11 U.S.C.
In re Buttermilk Towne Ctr. LLC
Dec
23
2010
Ruling
Ruling that single asset real estate debtor's use of rents as cash collateral without equity cushion provided adequate protection reversed.
Procedural posture
Appellant creditor sought review of two orders from the United States Bankruptcy Court for the Eastern District of Kentucky, which held that appellee, a single asset real estate debtor, provided adequate protection for the use of rents as cash collateral under 11 U.S.C.S. § 363 without an equity cushion in the property.
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Court
:
Judge or Jurisdiction information not available
In re Rahim
Dec
16
2010
Ruling
Chapter 7 case dismissed where debtor could fund plan if lavish expenses were reduced.
Procedural posture
The creditors filed a motion under 11 U.S.C.S. § 707(a) to dismiss the debtors' chapter 7 case.
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Court
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