In re Liberty Fibers Corp.
Aug
27
2007
Ruling
Debtor employer's prepetition obligations pursuant to collective bargaining agreement could not be designated as administrative expense in case converted from chapter 11 to chapter 7.
Procedural posture
Union for certain employees of a chapter 7 debtor, which had converted its case from chapter 11, filed motions to designate certain prepetition obligations of the debtor pursuant to a collective bargaining agreement as chapter 11 administrative expenses pursuant to 11 U.S.C. § 1113(f). The chapter 7 trustee objected to the motions.
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Court
:
- 11 U.S.C.
In re Collins
Jul
19
2007
Ruling
Confirmation denied due to requirement that trustee not pay any mortgage payment increases or decreases absent plan modification.
Procedural posture
A mortgagee objected to the confirmation of debtors' chapter 13 plan, contending that the plan impermissibly modified its rights under 11 U.S.C. § 1322(b)(2) as evidenced by a loan and security agreement along with a deed of trust pledging the debtors'residence as security for the loan.
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Court
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Russell v. Jones (In re Pro Page Partners LLC)
Jul
11
2007
Ruling
Trustee's attorney's fees incurred in adversary proceeding were limited to rates approved in retention application.
Procedural posture
Defendant objected to the request for attorney's fees by plaintiff chapter 7 trustee.
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Court
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Gibbs v. Nevels (In re Nevels)
Jul
09
2007
Ruling
Debtor's misrepresentations, diversion of funds and conversion in construction process rendered debt nondischargeable.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor, alleging that the judgment debt was not dischargeable under 11 U.S.C. § 523(a)(2)(A), (4) and (6) based on the debtor's fraud, misappropriation, and willful and malicious injury. The creditors moved for summary judgment based on collateral estoppel.
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Court
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In re Schmidt
May
31
2007
Ruling
Motion to reopen denied on grounds of futility and lack of relief available to debtors.
Procedural posture
Pursuant to 11 U.S.C. § 350(b), debtors, a married couple appearing pro se, asked the court to reopen their chapter 13 bankruptcy case. Two creditors, being a mortgage servicer and the assignee of the note and mortgage on debtors'residence, opposed the motion on the ground that debtors had failed to identify grounds sufficient to justify the same. The chapter 13 trustee also filed an objection thereto.
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Court
:
- 11 U.S.C.
In re Knox
May
23
2007
Ruling
Obligation to pay credit card debt pursuant to divorce decree was not a domestic support obligation and was dischargeable.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for payment of debt arising from one debtor's prior divorce proceedings as general unsecured debt. The debtor's former spouse objected to confirmation of the debtors'plan on the ground that the debt was entitled to priority treatment under 11 U.S.C. § 507(a)(1) as a domestic support obligation.
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Court
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In re Harris
May
02
2007
Ruling
Court denied stay pending appeal of order granting relief from stay to allow action for possession of property occupied by debtor pursuant to installment sale contract.
Procedural posture
A chapter 13 debtor filed a motion, pursuant to Fed. R. Civ. P. 62 and Fed. R. App. P. 8, for a stay pending appeal of orders, which denied the debtor's motion for sanctions and granted the sellers'motion for relief from the automatic stay under 11 U.S.C. § 362(d).
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Court
:
- 11 U.S.C.
In re Derryberry
Apr
30
2007
Ruling
Case dismissed due to debtor's bad faith filing and inability to propose a confirmable plan.
Procedural posture
Chapter 13 trustee and creditor filed objections to the confirmation of debtor's plan.
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Court
:
- 11 U.S.C.
Looper v. United States Dept of Educ. (In re Looper)
Apr
25
2007
Ruling
Incarcerated debtor denied undue hardship discharge of student loan debt.
Procedural posture
Defendants, two of plaintiff chapter 7 debtor's student loan creditors, filed motions for summary judgment in the debtor's action, which sought a determination that the debtor's student loans owed to all of the defendants were dischargeable under the undue hardship provisions of 11 U.S.C. § 523(a)(8). The debtor also filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Tomblin v. Robbins (In re Robbins)
Apr
19
2007
Ruling
Late dischargeability complaint was not time barred as creditors were not listed and received only four days notice of bar date.
Procedural posture
Plaintiff sought a determination that any judgment for damages obtained by plaintiff in a pending state court action against defendant debtor be declared nondischargeable under 11 U.S.C. § 523(a)(2), (4) or (6).
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Court
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