In re Reed
May
14
2013
Ruling
Filing of IRS Form 1099-C for cancellation of debt did not prohibit bank from filing claim against debtor.
Procedural posture
Debtors filed an objection to the claim of creditor bank, which sought seeking to recover $12,075.17, including $5,074.18 principal balance and interest due under a promissory note after foreclosure of the underlying real property, plus attorneys' fees and collection costs.
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Court
:
- 11 U.S.C.
In re Hodges
Apr
24
2013
Ruling
Chapter 7 trustee ordered to abandon property where equity created by chapter 13 plan payments did not become property of the estate upon conversion.
Procedural posture
This contested matter was before the court on the Motion of Debtors to Compel Abandonment of Real Property pursuant to Fed. R. Bankr. P. 6007(b), asking the court to compel the chapter 7 trustee to abandon debtors' residential real property. The chapter 7 trustee filed an Objection to the Motion. A creditor filed a response to the motion stating that it had a recorded judgment lien on the property and had filed a secured claim.
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Court
:
- 11 U.S.C.
R&L Pricecorp LLC v. Hall (In re Hall)
Apr
23
2013
Ruling
Judgment for willful and malicious damage to rental property was nondischargeable.
Procedural posture
In a adversary proceeding, judgment creditor asked the bankruptcy court to award it a judgment against voluntary chapter 7 debtors and for a determination that its judgment was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor had obtained a pre-petition judgment for $15,000.00 based on the condition the debtors left a rental property.
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Court
:
In re Benchmark Capital Inc.
Apr
09
2013
Ruling
Foreclosure sale that took place after petition date was voidable and could not be retroactively validated.
Procedural posture
Movant buyer purchased real property that was previously owned by debtor corporation at a foreclosure sale, without knowledge that the debtor had been placed into bankruptcy, and after he received notice that the debtor was in bankruptcy, he asked the bankruptcy court to annul the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) and to retroactively validate the foreclosure sale. The court held a hearing on the buyer's motion.
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Court
:
- 11 U.S.C.
Lingham Rawlings LLC v. Gaudiano (In re Lingham Rawlings LLC)
Apr
03
2013
Ruling
Preferential transfers by management agent to itself could be avoided.
Procedural posture
Chapter 11 debtor commenced an adversary proceeding against transferee for breach of contract, fraudulent concealment, conversion, breach of fiduciary duties, professional negligence, and tortious interference with business relationships; seeking to avoid fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B) and under 11 U.S.C.S. § 544(b)(1) through state law, and to avoid transfers under 11 U.S.C.S. § 547.
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Court
:
In re Evans Coal Corp.
Jan
08
2013
Ruling
Relief from stay granted to lessor of coal lease due to debtor's inability to mine coal at reasonable profit.
Procedural posture
Chapter 11 trustee filed a motion to assume a lease of real property pursuant to 11 U.S.C.S. § 365(a). The lessors of the property filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
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Court
:
- 11 U.S.C.
In re Miller
Dec
07
2012
Ruling
Twelve clearly undisputed loans were sufficient basis for filing involuntary petition.
Procedural posture
A bank filed an involuntary petition under chapter 7 of the Bankruptcy Code, seeking an order placing an individual debtor into bankruptcy. The debtor opposed the bank's petition, claiming that the bank did not meet the qualifications imposed by 11 U.S.C.S. § 303(b)(1) to be a petitioning creditor. The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Yarborough
Sep
24
2012
Ruling
Conversion denied due to bad faith where debtor's sole motivation was possible discharge of creditor's claim in chapter 7.
Procedural posture
After plaintiff sued debtor, his ex-wife, per 11 U.S.C.S. § 523 for a judgment that an obligation debtor owed him on account of overpaid child support was nondischargeable, debtor moved per 11 U.S.C.S. § 706 to convert her chapter 7 case to a chapter 13 case. Plaintiff objected to conversion on a claim of bad faith on debtor's part. Issues included whether conversion was proper per 11 U.S.C.S. § 1307.
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Court
:
- 11 U.S.C.
In re Wiggins
Sep
07
2012
Ruling
Conversion to chapter 7 was in bad faith due to spending of estate funds while chapter 13 case was still pending.
Procedural posture
Following debtors' conversion of their case from chapter 13 to chapter 7, the chapter 7 trustee moved to compel turnover of property of the estate, including funds and a one-half interest in real property inherited by one debtor, and asserted that debtors had made the conversion in bad faith.
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Court
:
In re Racsko
Jul
30
2012
Ruling
Debtor's objection to sale of property previously abandoned by trustee sustained.
Procedural posture
The chapter 7 trustee gave notice of his intent to sell debtor's bankruptcy estate's interest in real property that was owned by the debtor at the time she commenced her case. Debtor filed an objection to the notice of sale asserting that the trustee had irrevocably abandoned the interest in the real property under 11 U.S.C.S. § 554(a), it was no longer property of the estate subject to sale.
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Court
: