- 11 U.S.C.
In re Ulrich
Sep
05
2014
Ruling
Attorneys' fee application granted with reductions for reasonableness.
Issue(s)
Should bankruptcy court sustain trustee's objections to a pre-confirmation fee application filed by debtor's attorney in a Chapter 13 case?
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Court
:
- 11 U.S.C.
Wildwood Property LLC v. Rauf (In re Rauf)
Jan
03
2014
Ruling
Misrepresentation of authority to act on behalf of LLC was not knowingly made was not grounds for nondischargeable debt.
Issue(s)
Was debtor's misrepresentation that he was authorized to act on behalf of LLC in entering in lease grounds for nondischargeable debt.
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Court
:
- 11 U.S.C.
Wells v. Salmo (Select One Inc.)
Aug
13
2013
Ruling
Transfer of grocery store to relative in exchange for cancellation of debt in lesser amount was constructively fruadulent.
Issue(s)
Could trustee avoid the debtor's transfer of a grocery store to the sole shareholder's nephew for less than reasonably equivalent value while insolvent.
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Court
:
- 11 U.S.C.
Gold v. Nova World Intl LLC (In re Harvey Goldman & Co.)
Apr
01
2013
Ruling
Trustee could avoid prepetition payment for machinery that was installed postpetition.
Procedural posture
Debtor, which was subject of an involuntary chapter 7 petition, was a large customer of defendant creditor, a Michigan limited liability company that sold machinery for the debtor's use in various locations. The trustee sought to avoid transactions whereby the debtor had paid for machinery ordered pre-petition, but installed postpetition. Trustee and the creditor each moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Ohakpo
Mar
04
2013
Ruling
State court officer who seized debtor's vehicles was a custodian entitled to relief.
Procedural posture
Two state court officers, who seized two automobiles belonging to one of the debtors for the purpose of selling them to satisfy a judgment obtained by a creditor against that debtor, filed a motion seeking a determination that they were custodians of the automobiles entitled to relief under 11 U.S.C.S. § 543(c).
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Court
:
In re Gourlay
Oct
09
2012
Ruling
Debtor's prepetition agreement to pay balance of flat fee to attorney postpetition ordered canceled to the extent any further fees were owed.
Procedural posture
A chapter 7 trustee filed a motion under 11 U.S.C.S. § 329 seeking disgorgement of a fee paid to the debtor's attorney and cancellation of an agreement to pay a fee to the attorney post-petition.
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Court
:
- 11 U.S.C.
In re Kallabat
Jul
13
2012
Ruling
Postpetition divorce rulings that went beyond relief excepted from stay were void.
Procedural posture
Chapter 7 debtor filed a motion seeking actual and punitive damages for a willful violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
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Court
:
- 11 U.S.C.
In re Kaid
May
29
2012
Ruling
Bank's claim on guarantee allowed despite its sale of underlying note and mortgage.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank filed a claim against the debtor's bankruptcy estate to collect a judgment it obtained against the debtor in state court. The debtor filed an objection to the bank's claim.
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Court
:
- 11 U.S.C.
In re Young
Mar
20
2012
Ruling
Debtor not entitled to claim exemption in vehicle owned by debtor spouse.
Procedural posture
After chapter 7 debtors, a husband and wife, filed a joint chapter 7 petition, the wife claimed an exemption in a vehicle under 11 U.S.C.S. § 522(d)(5). The trustee objected.
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Court
:
- 11 U.S.C.
In re Tristar Fire Prot. Inc.
Mar
08
2012
Ruling
Union not entitled to administrative expense claim for debtor's alleged unfair labor practices.
Procedural posture
A union objected to a chapter 11 debtor's plan of reorganization, contending that it held an administrative expense claim arising out of certain alleged unfair labor practices by the debtor. The union also filed a motion for allowance and payment of this administrative claim.
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Court
: