In re Pawlowicz
Dec
05
2005
Ruling
Debtors were granted award of damages against a creditor who violated the automatic stay by declaring the debtors in default and keeping the security provided for the loan.
Procedural posture
The debtors filed a petition for bankruptcy under chapter 13. After the court found a creditor to be in contempt after the creditor failed to defend itself against the debtors'motion for violation of the automatic stay of 11 U.S.C. § 362(a), the debtors filed a request for monetary and punitive damages and attorney fees pursuant to 11 U.S.C. § 362(h) .
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Court
:
In re Natl Staffing Servs. LLC
Nov
21
2005
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Weldon F. Stump & Co.
Nov
08
2005
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.
Procedural posture
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.
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Court
:
- 28 U.S.C.
Osting v. Blockberger (In re Osting)
Nov
07
2005
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Irby v. Fashion Bug (In re Irby)
Sep
29
2005
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
United States Tr. v. Halishak (In re Halishak)
Sep
29
2005
Ruling
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
Procedural posture
: 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.
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Court
:
- 11 U.S.C.
Lover v. Rossman & Co. (In re Lover)
Sep
29
2005
Ruling
Debtor failed to show that a creditor had violated a discharge injunction by continuing to report a discharged debt to credit agencies.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Burkett
Sep
15
2005
Ruling
Court overruled trustee's objection to creditors'lack of supporting documentation in their proofs of claim since they established the validity, ownership, and amount of the claim and there were no factual disputes on the claims.
Procedural posture
In an adversary proceeding, plaintiff, a chapter 7 trustee, filed an objection to proofs of claim of defendant creditors, requesting disallowance under 11 U.S.C. § 502 primarily because of their failure to attach sufficient supporting documentation to the proofs of claim.
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Court
:
In re Kennedy Mfg.
Aug
23
2005
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Wycuff
Aug
23
2005
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.
Procedural posture
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.
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Court
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