- 11 U.S.C.
In re Pattison
Jul
06
2006
Ruling
Court sustained trustee's confirmation objection since debtor had more monthly income available as disposable income.
Procedural posture
Movant chapter 13 trustee objected to confirmation of respondent debtor's plan.
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Court
:
In re Taranto
Jun
26
2006
Ruling
Court overruled creditor's objectionto confirmation since requiring both accelerated payment as well as interest from debtor would have been unjustified windfall.
Procedural posture
A creditor objected to confirmation of the bankruptcy debtors'proposed second amended chapter 13 plan.
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Court
:
- FRBP
In re Berghoff
Jun
20
2006
Ruling
Court ordered mortgagee to pay debtor's fees since mortgagee violated Rule 9011 by unintentionally filing proof of claim that included attorneys'fees.
Procedural posture
In debtor's bankruptcy proceeding, creditor mortgagee filed a proof of claim that impermissibly included attorney fees as a component of the claim amount. The court issued an order on the mortgagee to show cause why it did not violate Fed. R. Bankr. P. 9011.
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Court
:
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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In re Rudicil
Jun
07
2006
Ruling
Motion to avoid judicial lien was denied exclusion of dower interest did not impair debtors'exemptions.
Procedural posture
Bankruptcy debtors, a husband and wife, moved to avoid a judicial lien pursuant to 11 U.S.C. § 522(f), alleging that prior liens against the debtors'residence, including the dower interest of the wife, exceeded the value of the residence, and thus the judicial lien impaired the debtors'homestead exemptions.
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Court
:
- 11 U.S.C.
Palik v. Sexton (In re Sexton)
May
30
2006
Ruling
Domestic relations case's findings did not collaterally estop debtor from litigating whether debt was derived from willful and malicious conduct and thus whether it was dischargeable.
Procedural posture
In his Complaint to Determine Dischargeability of Debt, plaintiff, who was defendant debtor's former spouse, alleged that certain debts arose out of or related to willful and malicious injury to him and his property, and, therefore, were nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The matter was before the Court upon his Motion for Summary Judgment.
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Court
:
District of Ohio ( ) [ Bankruptcy Court ]
- 11 U.S.C.
In re Harris
May
01
2006
Ruling
Debtor was denied motion to extend automatic stay since debtor did not rebut presumption of bad faith in making later filing.
Procedural posture
Before the court in a chapter 13 matter was a mortgage holder's motion seeking entry of an order confirming that the automatic stay was no longer in effect in the case pursuant to 11 U.S.C. § 362(c)(3), debtor's motion to extend the automatic stay pursuant to section 362(c)(3)(B).
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Court
:
- 11 U.S.C.
Unencumbered Assets Trust v. Biomar Techs. Inc. (In re Natl Century Fin. Enters.)
Apr
18
2006
Ruling
Payments to software company were deemed fraudulent transfers since debtor was insolvent when payments were made and software company did not show its software affected debtor's revenue.
Procedural posture
Plaintiff successor to a bankruptcy debtor-in-possession brought an adversary proceeding against defendant software company, alleging that payments by the debtor to the company for software licenses and services provided to third-party healthcare providers were fraudulent transfers under 11 U.S.C. § 548. The successor also objected to the company's proof of claim for services to the providers.
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Court
:
- 11 U.S.C.
Corzin v. Larson (In re Larson)
Apr
17
2006
Ruling
Funds in debtor's pension plan were deemed not estate property since the funds were not withdrawn from the plan and retained anti-alienation protection under ERISA.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant debtor seeking turnover of funds in the debtor's pension plan which was governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq. The debtor asserted that the funds were not estate property in view of the anti-alienation clause in the plan under 29 U.S.C. § 1056(d)(1).
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Court
:
- 11 U.S.C.
In re Vargas
Apr
17
2006
Ruling
Debtor was granted turnover of refund from IRS, and IRS was denied relief from automatic stay since, after plan confirmation, IRS's setoff right did not provide cause for lifting stay.
Procedural posture
Prior to filing their bankruptcy petition, debtors had federal tax liability and were entitled to a tax refund. After the debtor's plan was confirmed, the debtors moved to require the IRS to turn over the refund, and the debtors objected to the IRS's motion for relief from the automatic bankruptcy stay to allow the IRS to set off the refund against the debtors'liability.
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Court
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