- 11 U.S.C.
HHP-Brentwood LLC v. Aurora Loan Servs. LLC (In re Surti)
Aug
13
2010
Ruling
Deed of trust on entireties property signed by both debtor spouses created valid secured claim despite securing note signed by only one debtor.
Procedural posture
Plaintiff, a creditor treated as unsecured by debtors' Chapter 11 plan, filed this adversary proceeding against defendant, a creditor treated as fully secured under debtors' plan, challenging the validity and extent of defendant's lien. Before the court were cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Wensons Prop. Mgmt.
Aug
13
2010
Ruling
Relief from stay to enforce interest in commercial property granted where qualified expert established that creditor was not adequately protected.
Procedural posture
A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1). As cause, the creditor asserted that its security interest in a chapter 11 debtor's commercial property was not adequately protected.
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Court
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- 11 U.S.C.
Tennessee Commerce Bank v. Cox (In re Cox)
May
21
2010
Ruling
Debt that debtor failed to schedule was nondischargeable and delayed motion to file proof of claim on behalf of creditor was denied.
Procedural posture
Plaintiff creditor filed a complaint seeking a determination that its debt was non-dischargeable under 11 U.S.C.S. § 523(a)(3) because defendant debtor failed to list or schedule the creditor. The chapter 13 debtor filed a motion to enlarge the time to file a claim on the creditor's behalf pursuant to Fed. R. Bankr. P. 9006(b)(1).
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Court
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In re Burgess
Apr
26
2010
Ruling
State court action against LLC of which debtor held 100 percent member interest was not subject to automatic stay.
Procedural posture
A creditor filed a motion for relief from the automatic stay to continue state court litigation against a limited liability corporation (LLC) for breach of a lease agreement. A Chapter 7 trustee opposed the motion, asserting that the stay applicable to the debtor should be extended to prohibit actions against the LLC because its membership interests were owned entirely by the debtor.
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Court
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In re Allen
Apr
09
2010
Ruling
Consolidation and renewal of 910 vehicle loans destroyed purchase money security interest character of debt and removed loans from protection of hanging paragraph.
Procedural posture
After a confirmation hearing on the debtors' proposed Chapter 13 plan, the court took under advisement the issue of whether the debtors' loan from a creditor that renewed and combined prior loans destroyed the loan's purchase money security interest (PMSI) character, therefore removing it from the protections of 11 U.S.C.S. § 1325's hanging paragraph.
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Court
:
- 11 U.S.C.
In re Barnhills Buffet Inc.
Feb
24
2010
Ruling
Claim filed by county for personal property taxes after conversion to chapter 7 was not entitled to administrative expense status.
Procedural posture
A county tax collector filed a motion for allowance of an administrative expense claim for unpaid ad valorem personal property taxes for 2008 and 2009 pursuant to 11 U.S.C.S. § 503(b)(1)(B). The chapter 7 trustee objected to the claim.
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Court
:
In re Fairvue Club Props. LLC
Feb
12
2010
Ruling
Debtor could retain law firm with connection to secured creditor subject to curative measures.
Procedural posture
A chapter 11 debtor filed an application to employ a law firm as counsel. The United States Trustee (UST) objected to the proposed employment pursuant to 11 U.S.C.S. § 327(a), alleging that the law firm had substantial connections to individuals and entities in the case that created either an actual or apparent conflict of interest.
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Court
:
- 11 U.S.C.
In re Enders
Jan
11
2010
Ruling
Debtor could modify plan to surrender real estate and disallow creditor's claim absent creditor's objection.
Procedural posture
After the court confirmed a debtor's chapter 13 plan, the debtor filed an expedited motion to modify the plan to surrender the real estate and disallow a creditor's claim.
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Court
:
- 11 U.S.C.
In re Daily
Jan
11
2010
Ruling
Judgment that debtor appealed without posting bond was enforceable under state law and a valid basis for creditor's claim.
Procedural posture
A chapter 11 debtor filed a motion to disallow the claim of a creditor, which was based on a state court judgment that was pending on appeal.
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Court
:
- 11 U.S.C.
In re Commissary Operations Inc.
Jan
06
2010
Ruling
Prepetition administrative expense invoices could be used in subsequent new value defense to avoidance.
Procedural posture
Plaintiff chapter 11 debtor filed motions for declaratory judgment regarding the use of 11 U.S.C.S. § 503(b)(9) administrative invoices in an 11 U.S.C.S. § 547(c)(4) subsequent new value defense to a preference claim. Defendant creditors objected and filed motions for partial summary judgment on the same issue.
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Court
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