- 11 U.S.C.
In re Santa Fe Holding Co.
Nov
16
2009
Ruling
Debtor's chief restructuring officer's interim fee application, including success fee, approved over objection of United States Trustee.
Procedural posture
The chief restructuring officer (CRO) of bankruptcy debtors assisted in the administration of the debtors' estates and accomplished closing of a sale of 17 of the debtors' 27 restaurants. The CRO applied for interim compensation and the United States Trustee objected to the portion of the fee application that sought a success fee.
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Court
:
- 11 U.S.C.
Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.
Oct
29
2009
Ruling
Manufacturer's state law, common law and fraudulent transfer claims against involuntary debtor dismissed.
Procedural posture
Plaintiff manufacturer sued defendants, dealerships, their owners, and the chief financial officer (CFO), and asserted claims for fraudulent transfer, conversion, fraudulent and negligent misrepresentation, and successor liability. The manufacturer filed an involuntary chapter 7 bankruptcy petition against one of the dealerships. The court granted derivative standing to the manufacturer. The dealerships, the owners, and the CFO moved to dismiss.
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Court
:
- 11 U.S.C.
Crim v. First Tenn. Bank (In re Crim)
Oct
28
2009
Ruling
Debtor's recoupment defense under the Truth in Lending Act was property of the estate and could be settled by trustee.
Procedural posture
Debtor challenged two decisions of the bankruptcy court, as well as the bankruptcy court's two subsequent decisions that denied debtor's motions to alter or amend those decisions. Appellee bank opposed debtor's appeal. Among other things, debtor asserted a recoupment defense under the Truth in Lending Act (TILA), 15 U.S.C.S. § 1640. The case also implicated 11 U.S.C.S. § 541(a)(1).
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Court
:
- 11 U.S.C.
In re Waldo
Oct
27
2009
Ruling
Acceptance of post-dated checks for "flat-fee" debtors' attorneys' fees negotiated prepetition violated stay.
Procedural posture
The United States Trustee in each of seven chapter 7 cases moved for disgorgement of attorneys' fees due to debtors' attorneys' violations of 11 U.S.C.S. §§ 362 and 524. Because the motions raised identical issues regarding the conduct of the same attorneys, they were consolidated for trial.
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Court
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In re Daily
Oct
19
2009
Ruling
Eight-year old state court judgment for misconduct was not grounds for appointment of chapter 11 trustee.
Procedural posture
This matter came before the court upon a judgment creditor's motion to appoint a chapter 11 Trustee. Debtor opposed the motion. The U.S. Trustee stated his position that a chapter 11 Trustee should not be appointed.
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Court
:
- 28 U.S.C.
Woolsey v. Woolsey (In re Woolsey)
Sep
22
2009
Ruling
Partial summary judgment of nondischargeability of marital dissolution agreement was an appealable final judgment.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding seeking a determination that a debt to the spouse was not dischargeable based on the debtor's fraud and as an obligation under a divorce decree, and that the debtor was not entitled to a discharge. The debtor moved for certification of a partial summary judgment that the debt was a nondischargeable marital obligation as an appealable final judgment.
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Court
:
- 11 U.S.C.
McDonald v. Morgan (In re Morgan)
Sep
17
2009
Ruling
Debt was nondischargeable due to the debtor's misrepresentation regarding amount and purpose of loan.
Procedural posture
Plaintiff creditor sued seeking a monetary judgment against defendant debtor and a determination that it was nondischargeable under 11 U.S.C.S. § 523(a)(2). The complaint averred that debtor made false statements and misrepresentations upon which the creditor relied when he agreed to allow debtor to borrow money against a residence, under the representation that debtor was only going to borrow enough to pay off a truck. Judgment was pending.
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Court
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Fitzpatrick v. Toyota Motor Credit Corp. (In re Hartline)
Sep
09
2009
Ruling
Issuances of duplicate motor vehicle certificates of title were not preferential transfers.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant credit corporation, seeking an order avoiding a lien the corporation held on a vehicle chapter 7 debtors purchased, as a preferential transfer under 11 U.S.C.S. § 547(b).
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Court
:
- 11 U.S.C.
In re Hatman
Sep
01
2009
Ruling
Debtor provided with opportunity to redeem pawned property.
Procedural posture
A pawnbroker moved for relief from the automatic bankruptcy stay to allow the pawnbroker to sell property pawned by a bankruptcy debtor and not redeemed within the redemption period after the maturity date of the pawn tickets, but the debtor disputed the maturity date of the tickets.
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Court
:
- 11 U.S.C.
Tomlin v. Crownover (In re Crownover)
Aug
27
2009
Ruling
State court judgment did not sufficiently establish facts to be res judicata on issue of nondischargeability.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in a Tennessee court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The creditors filed a motion for summary judgment.
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Court
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