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In re Dupuy

Jul
14
2010
Ruling
Case dismissed for bad faith due to excessive housing, telephone, cable and internet expenses.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee (UST) filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(b)(3). The debtor opposed the motion.

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Consumer opinion summary, case decided on July 14, 2010 , LexisNexis #0910-127
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In re SL Liquidating

May
14
2010
Ruling
Confirmation of liquidation plan denied due to non-consensual third party releases.
Procedural posture

In a chapter 11 liquidation bankruptcy case, the United States Trustee, high level management retirees of the debtors, and a lessor of the debtor, filed objections to confirmation of the plan of liquidation. They contended that the plan's non-consensual third party releases of certain non- debtor entities, including officers and directors of the debtor, violated applicable law.

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Commercial opinion summary, case decided on May 14, 2010 , LexisNexis #0910-024
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In re Martin

Sep
29
2009
Ruling
Debtor could not redeem pawned items after expiration of state deadline and Bankruptcy Code extension for some items.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and on May 7, 2009, he filed a motion under 11 U.S.C.S. § 722, seeking an order allowing him to redeem items he pawned. A pawnbroker that received the items from the debtor opposed the motion.

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Consumer opinion summary, case decided on September 29, 2009 , LexisNexis #1209-125
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In re Dennis P.

Apr
07
2009
Ruling
Case ordered converted or dismissed for abuse where elimination of 401(k) contributions and loan payments, adjustment of withholding and reduction of housing costs increase ability to pay unsecured debt.
Procedural posture

Debtors, a husband and a wife, filed a bankruptcy petition. The trustee (UST) moved to dismiss pursuant to 11 U.S.C.S. § 707(b)(3).

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Consumer opinion summary, case decided on April 07, 2009 , LexisNexis #0809-016
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In re Grimme

Jul
13
2007
Ruling
Vehicle purchased within 910 days of filing by unlicensed debtor, used solely by son to drive debtor to appointments and errands, was intended for personal use so that secured debt was subject to bifurcation.
Procedural posture

A secured creditor of a chapter 13 debtor objected to confirmation of the debtor's plan on the grounds that the debt owed it was not eligible for bifurcation and cramdown pursuant to 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).

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opinion summary, case decided on July 13, 2007 , LexisNexis #0907-017
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In re Davis

May
24
2007
Ruling
Secured claim in mobile home protected by anti-modification provision.
Procedural posture

The debtors filed for relief under chapter 13 and filed an amended chapter 13 plan. The creditor, who had a perfected mortgage in the debtors'real property and a perfected security interest in the debtors'mobile home, filed an objection to confirmation of the amended plan.

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opinion summary, case decided on May 24, 2007 , LexisNexis #0707-012
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Burks v. Mortgage Elec. Registration Sys. (In re Pendergrass)

May
03
2007
Ruling
Mortgage was avoidable as disbursement date under Regulation Z was outside 30-day safe harbor.
Procedural posture

Defendant creditor filed a Fed. R. Bankr. P. 7056 motion for summary judgment on plaintiff trustee's adversary proceeding, which sought to avoid the creditor's mortgage as a preference under 11 U.S.C. § 547(b).

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opinion summary, case decided on May 03, 2007 , LexisNexis #0607-044
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In re dePellegrini

Apr
26
2007
Ruling
Case dismissed due to debtors'ability to pay substantial portion of debt.
Procedural posture

The United States Trustee filed a motion to dismiss the chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(3).

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opinion summary, case decided on April 26, 2007 , LexisNexis #0707-048
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Gorski v. Eisen (In re Henricks Commerce Park LLC)

Jun
15
2006
Ruling
Panel affirmed decision to deny attorneys'fees as administrative expenses since fees were, in effect, services for debtor.
Procedural posture

Appellant, the equity security holder of the debtor, appealed from a decision of the Bankruptcy Court for the Northern District of Ohio that disallowed as an administrative expense under 11 U.S.C. § 503(b)(3)(D) and (4) the professional fees of the equity security holder's attorney on the basis that the attorney's services made a substantial contribution to the debtor's chapter 11 case.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 15, 2006 , LexisNexis #0706-015
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