In re Coy Farms Inc.
Sep
25
2009
Ruling
Attorney's claim for contingency fee disallowed absent rare or exceptional circumstances or reasonable expectation of payment.
Procedural posture
The attorney for the secured creditor filed an application for the approval of attorney's fees, pursuant to 11 U.S.C.S. §§ 502(b) and 506(b), to be paid from the debtor's estate as a part of the creditor's allowed claim, the amount of $ 45,000 representing a 22 and 1/2 percent contingency fee, for the legal services he rendered on behalf of the creditor. Both the debtor and the trustee filed limited objections to the amount of the fee.
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Court
:
- 11 U.S.C.
McComber v. Arts Dairy LLC (In re Arts Dairy LLC)
Sep
21
2009
Ruling
Contract which creditor supplier had fully performed was not executory.
Procedural posture
Plaintiff unsecured creditor, a supplier of corn silage and manure to the debtor, brought an adversary complaint against defendant secured creditor seeking declaratory judgment that its claims were executory in nature, and to establish its right to an administrative claim. The secured creditor moved to dismiss the adversary complaint for failure to state a claim for relief, under Fed. R. Civ. P. 12(b)(6).
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Court
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In re Taylor
Sep
04
2009
Ruling
Case ordered converted or dismissed where debtor's petition relied primarily on pending foreclosure of former marital residence
Procedural posture
In a chapter 7 bankruptcy case, the United States Trustee (UST) moved to dismiss the case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), (b)(2), and (b)(3).
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Court
:
In re Kunkelman
Sep
02
2009
Ruling
Case ordered converted or dismissed for abuse due to debtor's sufficient income if retirement plan contributions were not excluded.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 bankruptcy case for abuse pursuant to 11 U.S.C.S. § 707(b)(1) and 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Denger
Aug
28
2009
Ruling
Debtor's incarceration was not grounds for waiver of required financial management course.
Procedural posture
The debtor filed a motion seeking a waiver of the requirement at 11 U.S.C.S. § 727(a)(11) to complete a financial management course in order to obtain a discharge. The debtor set forth his current confinement in a correctional facility as the basis for his motion.
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Court
:
In re Ramlow
Aug
21
2009
Ruling
Motion to dismiss chapter 7 case denied where recently divorced debtor had made a good faith effort to maximize income and minimize expenses.
Procedural posture
Debtor filed a petition under chapter 7, and the United States Trustee (UST) filed a motion to dismiss the case for abuse, pursuant to 11 U.S.C.S. § 707(b)(1) and (3). The court held a hearing on the UST's motion.
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Court
:
- 11 U.S.C.
Links v. United States (In re Links)
Aug
21
2009
Ruling
Tax debts less than three years old for which no returns were filed were nondischargeable.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States seeking a determination that a tax debt to the government for several tax years was dischargeable. The government moved for summary judgment on the ground that exceptions to discharge under 11 U.S.C.S. § 523(a)(1) were applicable.
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Court
:
- 11 U.S.C.
In re Arts Dairy LLC
Jun
19
2009
Ruling
Administrative claim not entitled to immediate payment given objection by secured creditors.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. Two claimants sought an order allowing an administrative claim and authorizing the debtor to immediately pay the claim, pursuant to 11 U.S.C.S. § 503(b)(9). A creditor objected to the motion.
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Court
:
In re Wahlie
Jun
16
2009
Ruling
Chapter 11 case dismissed due to debtor's bad faith and inability to file confirmable plan.
Procedural posture
Debtors filed a petition under chapter 11 of the Bankruptcy Code on June 11, 2007, and on November 11, 2008, movant creditor filed a motion to dismiss the debtors' case pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
- 11 U.S.C.
In re Tammarine
Apr
30
2009
Ruling
Claim disallowed where creditor failed to establish whether claim related to a sale and investment or a loan agreement.
Procedural posture
A chapter 13 debtor objected to a creditor's claim that the money the creditor transferred to the debtor was a loan. The bankruptcy court held an evidentiary hearing to determine the validity of the claim under 11 U.S.C.S. § 502(b)(1).
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Court
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