- 11 U.S.C.
In re Hernandez
Apr
14
2009
Ruling
Possibility of lack of adequate protection in the future was not grounds for denial of confirmation.
Procedural posture
Pursuant to 11 U.S.C.S. § 1324 and § 1325(a)(5), creditor filed an objection to confirmation of the debtor's proposed chapter 13 plan. At issue was whether the plan would provide the creditor, which held a security interest in the debtor's vehicle, with adequate protection and equal payments, pursuant to 11 U.S.C.S. § 1325(a)(5)(B)(iii).
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- 11 U.S.C.
In re Peterson
Apr
10
2009
Ruling
Personal guarantees of leases were valid and not affected by bankruptcy of lessor or state court judgment in lessor's favor.
Procedural posture
The creditor, a lessor and successor in interest to two personal guarantees executed by the debtor in relation to two personal property leases for equipment placed in a pharmacy, filed a proof of claim in the amount of $ 275,462.87. The debtor-guarantor filed an objection to the claim pursuant to 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a).
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In re Welch
Mar
13
2009
Ruling
Creditor's continued possession of vehicle that was repossessed prior to petition date was not a stay violation absent adequate protection.
Procedural posture
A debtor filed a motion for contempt against a creditor for an alleged violation of the automatic stay pursuant to 11 U.S.C.S. § 362 following the creditor's repossession of a vehicle purchased under an installment contract.
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In re Custom Designed Cabinetry & Constr. Inc.
Mar
09
2009
Ruling
Relief from stay to foreclose granted due to loss of equity cushion in property.
Procedural posture
After the debtor filed a voluntary chapter 11 bankruptcy petition, a creditor moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) and Fed. R. Bankr. P. 4001 as to the debtor's real estate and business assets. A state court had scheduled a foreclosure sale on those assets.
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In re Commercial Mortg.
Mar
06
2009
Ruling
Motion to impose lien and place other restrictions on debtor in possession granted where there were no secured creditors.
Procedural posture
The official committee of unsecured creditors (UCC) filed three motions: a motion to approve the imposition of liens and encumbrances, a motion to approve restrictions on and limit loan transactions between the debtor and its subsidiaries, and a motion to establish a restricted bank account, pursuant to 11 U.S.C.S. §§ 105, 363(c)(1), 507, 1103(c)(5), and 1107(a). The debtor opposed the motions. There were no secured creditors.
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- 11 U.S.C.
In re Swift
Feb
19
2009
Ruling
Mortgage creditor granted relief from stay based on debtor's postpetition default.
Procedural posture
A creditor filed a motion, pursuant to 11 U.S.C.S. §§ 362(d)(1), 1307, for relief from the automatic stay or, alternatively, to dismiss the debtors' chapter 13 case for failure to make plan payments.
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In re Nichol
Feb
06
2009
Ruling
Judicial lien impairing debtor's interest in entireties property avoided.
Procedural posture
The matter came before the court on the motion to avoid a bank's judicial lien filed by the chapter 7 debtor pursuant to 11 U.S.C.S. § 522.
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:
- 11 U.S.C.
In re Baker
Jan
30
2009
Ruling
40-month commitment period was appropriate for below-median debtor.
Procedural posture
A trustee filed a motion to dismiss the debtors' chapter 13 case, pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
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In re Dovetail Inc.
Dec
31
2008
Ruling
Dismissal for failure to file plan denied as not in best interests of creditors.
Procedural posture
A creditor filed a motion, pursuant to Fed. R. Civ. P. 12(b)(6) and 11 U.S.C.S. § 1112(b), to dismiss a debtor's small business chapter 11 case for cause.
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- 11 U.S.C.
In re Crome
Dec
23
2008
Ruling
Creditor did not violate stay by terminating gas price after illegal tampering with meter.
Procedural posture
Pursuant to 11 U.S.C.S. §§ 362(a)(6) and (k), the pro se debtors filed a motion for sanctions against their gas service provider for denial of residential gas service after their chapter 7 bankruptcy filing.
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