In re Pelham Enters. Inc.
Oct
15
2007
Ruling
Over secured creditor not entitled to relief from stay to auction property.
Procedural posture
Debtor corporation filed a petition under chapter 7, and respondent trustee was appointed to administer the bankruptcy estate. Movant creditor filed a motion seeking relief from the automatic stay, pursuant to 11 U.S.C. § 362(d), the trustee filed an objection to the creditor's motion.
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Court
:
- 11 U.S.C.
In Andreas
Aug
23
2007
Ruling
Attorney held in contempt for charging fees not approved by court.
Procedural posture
A trustee in bankruptcy filed motions for relief under 11 U.S.C. §§ 329 and 330 and Fed. R. Bankr. P. 2017, 9020, and 9024, seeking examination of fees received by an attorney who represented two chapter 13 debtors, an order requiring the attorney to return the fees, an order finding the attorney in contempt of court for receiving unauthorized fees, an award of costs and attorney's fees, and an order imposing fines.
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Court
:
In re Gossett
Apr
24
2007
Ruling
Credit counseling obtained on petition date did not comply with requirements and resulted in dismissal of case.
Procedural posture
The matter came before the court on debtor's motion for sanctions pursuant to 11 U.S.C. § 362(a)(3) and (k)(1) against a creditor, and on the motions of the creditor to annul the automatic stay pursuant to 11 U.S.C. § 362(d) and to dismiss the case under 11 U.S.C. §§ 109(h)(1) and 707(a).
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Court
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In re Blanco
Mar
12
2007
Ruling
Debtor's surrender of vehicle did not prevent creditor from pursuing deficiency.
Procedural posture
Secured creditor objected to confirmation of chapter 13 debtor's plan on the grounds that debtor could not surrender the collateral under 11 U.S.C. § 1325(a)(5)(C) in full satisfaction of creditor's claim.
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Court
:
- 11 U.S.C.
In re McCoy
Nov
16
2006
Ruling
Claims of bank and notary based on allegation that debtor forged spouse's signature on loan documents alowed over debtor's objection.
Procedural posture
Creditors, a bank and a notary, filed claims against the debtor. The bank acknowledged that one of its claims was a duplicate claim. The claims arose from allegations that the debtor forged his former spouse's signature on loan documents. The debtor objected to the claims, contending that the claims were for reimbursement or contribution of an entity that was liable with the debtor pursuant to 11 U.S.C. § 502(e)(1).
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Court
:
- 11 U.S.C.
In re Tewell
Oct
23
2006
Ruling
Failure to allow mortgage creditor to enforce "due on sale clause" would be an impermissible modification.
Procedural posture
Movant creditor, a mortgagee, sought an order pursuant to 11 U.S.C. § 362(d)(1) annulling or modifying an automatic stay that arose upon debtor's filing of a bankruptcy proceeding. At issue was whether the creditor could assert its rights under a due-on-sale clause as "cause"for relief from the stay under section 362(d)(1).
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Court
:
Baccala Realty Inc. v. Fink (In re Fink)
Sep
05
2006
Ruling
Discharge denied due to debtor's failure to maintain adequate records and for making false statements in filings.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking to deny the debtor a discharge under 11 U.S.C. § 727(a)(3) for failing to maintain adequate records, and under section 727(a)(4) for making false statements in bankruptcy filings. The creditor moved for judgment on the pleadings.
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Court
:
- 11 U.S.C.
In re Arguin
Jul
24
2006
Ruling
Debtors'motion to modify their plan was denied since debtors could not strip down creditor's secured claim that had been previously crammed down when plan was confirmed.
Procedural posture
The debtors sought to modify their confirmed chapter 13 plan to allow the surrender of a used motor vehicle to the secured creditor. Pursuant to 11 U.S.C. § 1329, the debtors proposed to relegate the unpaid secured component of the claim to unsecured status for the balance of the amended plan term and sought to reduce the term of the plan from 56 months to 36 months. The creditor objected to the proposed modification.
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Court
:
In re JII Liquidating Inc.
Jul
12
2006
Ruling
Court found cause to terminate automatic stay to allow finance company to receive refund of unearned insurance premiums.
Procedural posture
Plaintiff finance company, which financed the purchase of insurance policies by the insured debtors, moved for adequate protection or to lift the automatic stay with respect to unearned insurance premiums. The chapter 7 trustee objected to the relief sought.
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Court
:
Jabamoni v. Zordan (In re Zordan)
Jun
27
2006
Ruling
Debt was deemed nondischargeable since debtor had intent to defraud and engaged in acts of defalcation while acting as fiduciary.
Procedural posture
Plaintiff creditor filed a complaint, seeking to except a debt owed by defendant debtor from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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Court
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