Northern District

In re Natl Staffing Servs. LLC

After the debtor, a corporation, filed for bankruptcy, movant creditors filed a joint motion pursuant to 11 U.S.C. § 1104(a) for the appointment of a trustee.
Ruling: 
Creditor's motion for appointment of a trustee was granted as in the best interest of the creditors but not based on finding of misconduct by debtor corporation.
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In re Weldon F. Stump & Co.

Before the court was the Motion by the State Court Appointed Receiver for Approval of Final Report and Discharge. Debtor, in his individual capacity, opposed the Motion. The court held a hearing on the matter. At the conclusion of the hearing, it took the matter under advisement so as to afford the arguments raised by the parties further consideration. The court had now had this opportunity, and was ready to render its decision.
Ruling: 
Court approved discharge of a state-court receiver for services performed as a postpetition custodian but abstained from making a deterimination regarding the receiver's prepetition services as a receiver.
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Osting v. Blockberger (In re Osting)

Plaintiff debtor commenced an adversary proceeding seeking to avoid, as a preferential transfer under 11 U.S.C. § 547 and as a fraudulent transfer under 11 U.S.C. § 548, a judgment lien and subsequent transfer of property accomplished for the benefit of defendants, his ex-spouse, et al. The cause was before the court on the motion of his ex-spouse to dismiss the complaint.
Ruling: 
Court abstained from hearing the debtor's transfer avoidance action since the action was directed at undoing the domestic relations court's decision for the ex-spouse.
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Irby v. Fashion Bug (In re Irby)

Plaintiffs, discharged bankruptcy debtors, brought an adversary proceeding against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C. § 524 by continuing to report the debtors'discharged debts. The creditors did not respond and the debtors moved for default judgment.
Ruling: 
Creditors did not violate discharge injunction since they only reported the debtor's unpaid but discharged debts and did not act to collect the debts.
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United States Tr. v. Halishak (In re Halishak)

: The cause came before the court after a trial on separate complaints brought by plaintiff, the U.S. trustee, to deny the discharge of defendant debtor husband (Case No. 04- 3049) and wife (Case No. 04-3256). By way of separate petitions, each of the debtors had sought relief under chapter 7 of the Code.
Ruling: 
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
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Lover v. Rossman & Co. (In re Lover)

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that a discharged debt to the creditor was still being reported to credit agencies, in violation of the discharge injunction provided by 11 U.S.C. § 524. The creditor moved for summary judgment, and the debtor did not respond to the motion.
Ruling: 
Debtor failed to show that a creditor had violated a discharge injunction by continuing to report a discharged debt to credit agencies.
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In re Kennedy Mfg.

A law firm representing a bankruptcy debtor submitted its final application for compensation and reimbursement of expenses. The U.S. trustee objected to the application on the grounds that certain of the firm's services did not benefit the estate, time spent with a financial advisor was not compensable, and the firm engaged in overstaffing.
Ruling: 
Debtor's attorneys were granted most of their fees over the trustee's objection that their services did not benefit the estate since the fees were reasonably calculated to benefit the estate when they were performed.
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In re Wycuff

Bankruptcy debtors, a husband and wife, claimed a homestead exemption in their residence to which the wife held sole legal title, including the husband's dower interest in the property. Creditors, the debtors'mortgagees, objected to the exemption.
Ruling: 
Debtors were only entitled to a homestead exemption as to the property's legal title in relation to the trustee's interest pursuant to the debtor husband's dower interest, but the debtors' homestead exemption was disallowed as to the property's equitable interest since the creditor's mortgage existed premarriage and thus was superior to the claimed exemption.
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Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.)

Plaintiff chapter 7 trustee commenced an adversary proceeding against defendants, creditors, seeking to recover certain prepetition transfers made by the debtor. The creditors moved for summary judgment, alleging that the trustee's claims were time barred under 11 U.S.C. § 546.
Ruling: 
Creditor was denied summary judgment where the court ruled it could decide the date an order for relief triggered two-year limitations period for filing creditor's complaint.
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Cote v. Catherman (In re Catherman)

Plaintiff creditor filed a complaint to determine the dischargeability of a debt owed by defendant debtor. The creditor brought this suit pursuant to the statutory exception to discharge under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Creditor failed to establish that debtor intentionally misrepresented the purpose of a loan and thus loan debt was deemed dischargeable.
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