- 11 U.S.C.
In re EVPP LLC
Jun
04
2013
Ruling
Case dismissed as effort to undo results of duly conducted state court sale.
Procedural posture
Debtor filed a Motion to Reject Executory Contracts and an Application to Employ a realtor. After hearing presentations of the parties at a hearing, the court was left with a concern as to whether the case had not been filed in good faith and should be dismissed. The court requested that the parties brief that issue. A timely response was filed by debtor as was that of the purchasers. The purchaser's response was framed as a Motion to Dismiss.
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Court
:
- 11 U.S.C.
Bajon Inc. v. Rhoades (In re Rhoades)
Jan
11
2013
Ruling
Breach of non-compete agreement by debtor in immediate need of employment was not grounds for nondischargeable debt.
Procedural posture
The former employer of chapter 7 debtor commenced an adversary proceeding against the debtor, contending that the debtor breached a non-competition agreement and that the resultant debt was nondischargeable under 11 U.S.C.S. § 523(a)(6).
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- 11 U.S.C.
Field v. McKinney (In re McKinney)
Nov
20
2012
Ruling
Lien securing note signed only by non-debtor spouse could be avoided.
Procedural posture
Plaintiff trustee sought to avoid a lien on a one-half interest held by defendant, a chapter 7 debtor, in certain real estate. Defendant creditor contested the motion, and the parties filed cross-motions for summary judgment.
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- 11 U.S.C.
In re Hog Farm Inc.
Apr
02
2012
Ruling
Alleged unsecured debt recharacterized as equity on trustee's objection.
Procedural posture
Chapter 7 trustee objected to proofs of claim filed by the three shareholders of the debtor.
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:
- 11 U.S.C.
Morrison v. SL Liquidating Inc. (In re SL Liquidating Inc.)
Feb
06
2012
Ruling
Claim against rabbi trust was not entitled to priority treatment.
Procedural posture
When claimant, a former employee of debtor, sought priority treatment for his claim against a "rabbi trust" maintained by debtor, the administrator of debtor's post-consummation trust, asserted an objection on the basis that claimant was not entitled to priority under 11 U.S.C.S. § 507.
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- 11 U.S.C.
In re Fenstermacher
Dec
21
2011
Ruling
Objection to confirmation based on treatment of debt to debtor's former spouse sustained.
Procedural posture
A chapter 13 trustee filed an objection to confirmation of a debtor's plan. The plan contained a provision stating that any indebtedness of the debtor to his ex-spouse was to be treated as an unsecured debt.
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- 11 U.S.C.
Rogers v. Bowers (In re Bowers)
Oct
24
2011
Ruling
Debtor's failure to deliver deed to buyer of property, subsequent reconveyance, mortgaging of premises and use of proceeds resulted in nondischargeable debt.
Procedural posture
A creditor filed an adversary proceeding against defendants, a debtor and his father, in which he alleged that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor died after filing suit, and the case was continued by plaintiff executor. Defendants filed a motion for summary judgment.
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In re Childress
Sep
02
2011
Ruling
Chapter 13 plan confirmation denied due to proposed bifurcation of claims based on improper valuation of subject property.
Procedural posture
A secured creditor of Chapter 13 debtor objected to confirmation of the debtor's plan.
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- 11 U.S.C.
Goering v. Green Tree Fin. Servs. Corp. (In re Shaw)
May
02
2011
Ruling
Trustee could recover sale price of property that had been encumbered by a defective lien from lienholder who obtained property in preferential transfer.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant lienholder in which plaintiff sought to avoid a first mortgage lien held by defendant. The parties filed motions for summary judgment.
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:
- 11 U.S.C.
In re Meade
Feb
11
2011
Ruling
Confirmation of above-median debtor's plan denied due to term of less than 60 months.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtors' plan.
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