In re Holbrook
Jun
13
2008
Ruling
Application for supplemental pre-conversion attorneys' fees denied and post-conversion fees limited by terms of agreement with debtors.
Procedural posture
An attorney filed a motion for supplemental fees pursuant to 11 U.S.C.S. § 330(a) for services rendered to debtors in their aborted chapter 7 case and compensation for services rendered after the conversion of their case to chapter 13.
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Court
:
- 11 U.S.C.
Newton v. Wells Fargo Fin. Inc. (In re Dill)
Jun
03
2008
Ruling
Avoidance proceeding dismissed as untimely where there was no basis for tolling two-year statute of limitations.
Procedural posture
A chapter 7 trustee filed an adversary proceeding seeking to avoid the lien of a creditor pursuant to 11 U.S.C.S. § 547(b), that the avoided lien be preserved for the benefit of the estate, and that the statute of limitations under 11 U.S.C.S. § 546 be tolled due to the willful failure of the creditor to provide proof of its security interest and to file a proof of claim. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Triplett
May
20
2008
Ruling
Administrative expense allowed for services of company that ratified estate of potential participation in class action suit.
Procedural posture
The contested matter was before the court on the Application of a claimant requesting an order allowing it an administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(1) in the amount of $ 59,039. This sum represented one-third of $ 177,119 recovered by the chapter 7 Trustee for the benefit of the estate as a claimant in a class action lawsuit. Objections were filed by the U.S. Trustee (UST) and by the chapter 7 Trustee.
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Court
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Perry v. EMC Mortgage Corp. (In re Perry)
May
02
2008
Ruling
Bankruptcy court lacked jurisdiction over postdischarge dispute over debtor's ongoing mortgage obligation.
Procedural posture
Plaintiff debtor filed an adversary Complaint asking the court to enter an Order (1) finding defendant mortgage creditor in contempt for violating the discharge injunction of 11 U.S.C.S. § 524(a), (2) finding the creditor in contempt for violating the November 16, 2007 Order entered by the court declaring debtor's mortgage current through April 2007. The creditor moved to dismiss, or in the alternative, for summary judgment.
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Court
:
- 11 U.S.C.
Derrick v. Biddle (In re Derrick)
May
02
2008
Ruling
Debtor's damages for violation of stay inclusive of attorneys' fees exceeded creditor's offer and did not trigger offer of judgment rules.
Procedural posture
After the court granted judgment to plaintiff debtors on their adversary complaint that defendant creditor willfully violated the automatic stay by continuing to demand payment on pre-petition claims despite actual knowledge of debtors' bankruptcy filing and debtors filed an affidavit reflecting legal expenses, defendant asserted objections thereto based on Fed. R. Civ. P. 68, made applicable through Fed. R. Bankr. P. 7068.
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Court
:
- 11 U.S.C.
Rogers v. Rogers (In re Rogers)
Apr
11
2008
Ruling
Final divorce decree entered postpetition did not violate stay and awards of portion of retirement funds and attorneys fees were nondischargeable.
Procedural posture
Plaintiff debtor brought an adversary complaint seeking the dischargeability of certain obligations imposed upon him under a divorce decree, including alimony, the non-debtor spouse's attorney's fees, court costs, and the payment of one-half of his military retirement benefits to defendant, the non-debtor spouse. The debtor also asserted that the obligations were void as imposed while the automatic stay was in effect under 11 U.S.C.S. § 362(a).
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Court
:
- 11 U.S.C.
In re Stewart
Mar
27
2008
Ruling
Pro se debtor's fifth case within four years dismissed with one year refiling bar.
Procedural posture
The chapter 13 trustee moved to dismiss a case filed by debtor on the grounds of bad faith and also sought an order barring debtor from filing another bankruptcy for one year. Debtor, who had filed the case pro se, did not appear to contest the motion.
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Court
:
- 11 U.S.C.
In re Webb MTN LLC
Mar
06
2008
Ruling
Multiple development projects planned for five tracts of land were actually part of one large development which constituted single asset real estate.
Procedural posture
Creditors of a chapter 11 debtor sought a determination that the assets of the debtor constituted single asset real estate under 11 U.S.C.S. § 362(d)(3).
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Court
:
In re Womble
Feb
29
2008
Ruling
Creditor with purchase money security interest in 910 vehicle not allowed deficiency claim.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed plan. A creditor, who held a claim secured by the debtor's vehicle, filed an objection to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Liebold
Jan
09
2008
Ruling
Creditor's deficiency claim barred by hanging paragraph where debtor proposed to surrender "910" vehicle.
Procedural posture
The debtors filed for bankruptcy relief under chapter 13 of the United States Bankruptcy Code and filed a proposed plan. A secured creditor objected to the plan. The court issued findings of fact and conclusions of law.
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Court
: