- 11 U.S.C.
U.S. Bank v. Verizon Communs. Inc.
Jul
30
2014
Ruling
Liquidation trust not entitled to a jury trial on fraudulent transfer claims which were precluded by debtor's solvency at time of spin-off from parent.
Issue(s)
Whether a litigation trust for a bankruptcy estate has a right to a jury trial on a fraudulent transfer claim against a creditor when the creditor has filed a proof of claim in the bankruptcy proceedings and the bankruptcy court is required, before disposing of that claim, to determine whether property of the creditor is recoverable as a fraudulent transfer?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Cain
Jul
14
2014
Ruling
Bankruptcy court erred in holding that debtor could not strip off wholly unsecured mortgage on primary residence in a chapter 13 case filed four years after a chapter 7 discharge.
Issue(s)
Whether a debtor may strip off a wholly unsecured, inferior mortgage lien on the debtor's primary residence in a chapter 13 case filed less than four years after having received a chapter 7 discharge.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Collett v. Lee Oil Co. (In re Collett)
May
21
2014
Ruling
Bankruptcy court did not err in finding that pursuit of criminal proceeding was intended to aid in collecting from debtor's insurance and did not violate stay.
Issue(s)
Did bankruptcy court err in denying debtor's motion for sanctions against creditor for allegedly violating the automatic stay by cooperating in a criminal investigation after the petition date?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Wilhoite v. Lemah (In re Wilhoite)
May
14
2014
Ruling
Debtor could not force trustee to accept opinions regarding sale of assets.
Issue(s)
Did trustee breach a fiduciary duty to the debtor with respect to valuation and sale of debtor's assets?
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:
- 11 U.S.C.
In re Cumberland Corral LLC
Mar
11
2014
Ruling
Franchisor's motion for relief from stay denied where debtor franchisee had passed required number of inspections under franchise agreement.
Issue(s)
Did debtor restaurant franchisee's health inspection failures constitute a violation of the franchise agreement that would justify granting the franchisor's motion for relief from stay?
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Court
:
- 11 U.S.C.
In re Oreck Corp.
Mar
10
2014
Ruling
"Stub rent" owed between petition date and debtor's first postpetition payment was not a priority claim where full payment had been due prior to petition date.
Issue(s)
Was creditor landlord entitled to an administrative expense claim for "stub rent" incurred between petition date and debtor's first postpetition rent payment?
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Court
:
- 11 U.S.C.
Wilhoite v. SunTrust Bank (In re Wilhoite)
Feb
06
2014
Ruling
Debtor lacked standing to pursue breach of contract and tort claims which were property of the estate.
Issue(s)
Did debtor have standing to pursue prepetition breach of contract and tort claims?
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Court
:
- 11 U.S.C.
Kodz Anthony J. LLC v. Trotter (In re Trotter)
Jun
17
2013
Ruling
Material misrepresentation by debtor's agent to motorcycle dealership resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination of the amount and dischargeability of its debt under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
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Court
:
In re Seventh Ave. Props.
Feb
22
2013
Ruling
Debtor's objection to involuntary petition overruled where petitioning creditor met burden.
Procedural posture
This matter was before the court upon the alleged debtor's opposition to the petitioning creditors' involuntary chapter 7 petition.
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Court
:
- 11 U.S.C.
Winters v. Shulman (In re Winters)
Jan
30
2013
Ruling
IRS claim that was tolled by filing of petition with U.S. Tax Court was entitled to priority and was nondischargeable.
Procedural posture
In his motion for partial summary judgment, trustee sought, in part, the following: A declaratory judgment that any claim of the Internal Revenue Service (IRS) (defendant was the United States) for the tax year 2004 was a non-priority unsecured claim. The IRS, in part, sought summary judgment as to the following: The claim of $226,142 for tax year 2004 was a priority claim pursuant to 11 U.S.C.S. § 507(a)(8) and was non-dischargeable.
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Court
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