- 11 U.S.C.
ONeill v. Wells Fargo Bank N.A. (In re ONeill)
Feb
03
2012
Ruling
Debt secured by property in which there was equity above priority claims could not be treated as unsecured.
Procedural posture
Chapter 13 debtors sought a determination that the mortgage of a creditor in certain real property owned by debtors did not constitute an allowed secured claim under the definition provided by 11 U.S.C.S. § 506(a) and was therefore not within the provisions of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
DDC & Assocs. v. White (In re White)
Aug
16
2011
Ruling
Alleged debt arising from creditor's payment of employment tax obligation for which debtor had no individual liability was dischargeable.
Procedural posture
Plaintiff alleged creditors asserted that a debt allegedly owed by defendant debtor was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(14) and § 523(a)(14A).
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Court
:
- 11 U.S.C.
In re Luedtke
Apr
08
2011
Ruling
Confirmation denied for lack of good faith due to debtor's failure to devote sufficient disposable income to plan and nondisclosures.
Procedural posture
Before the court was a contested matter initiated by a creditor's objection to confirmation of debtor's proposed chapter 13 plan. The matter was a core proceeding pursuant to 28 U.S.C.S. § 157(b)(2)(L).
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Court
:
- FRBP
In re Fox
Mar
15
2011
Ruling
Settlement of dispute involving debtor's land approved.
Procedural posture
A trustee who was appointed to administer a debtor's chapter 7 bankruptcy case asked the court to reopen the debtor's case and for permission to hire special counsel to resolve issues involving land the debtor owned. The court granted the trustee's motion, and the trustee subsequently asked the court to approve a compromise she negotiated, pursuant to Fed. R. Bankr. P. 9019. The debtor opposed the trustee's motion to compromise.
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Court
:
- 11 U.S.C.
In re Wright Group Inc.
Feb
15
2011
Ruling
Cash receipts derived by debtor from patrons of its miniature gold course did not constitute cash collateral and could be used by debtor without court order.
Procedural posture
A Chapter 11 debtor-in-possession filed an emergency motion for use of a bank's cash collateral. A hearing was held with respect to extended use of cash collateral. The general issue was whether the receipts derived by debtor from operation of its miniature golf course facility constituted "cash collateral" as defined by 11 U.S.C.S. § 363(a), so that debtor's use of those receipts was subject to § 363(c)(2). Judgment was pending.
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Court
:
- 28 U.S.C.
In re West Coast Interventional Pain Med. Inc.
Aug
12
2010
Ruling
Transfer of venue warranted both for the convenience of the parties and in the interests of justice due to location of creditors, witnesses and controlling law.
Procedural posture
Debtors with the same controlling principal filed bankruptcy petitions in Indiana, and a judgment creditor moved to transfer venue of the bankruptcy cases to California where most of the debtors were incorporated, formerly conducted business, and were suspended from conducting business.
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Court
:
In re Means
Aug
04
2010
Ruling
Bankruptcy court lacked jurisdiction over debtor's prepetition federal action to rescind mortgage
Procedural posture
A bankruptcy debtor brought an action to rescind a mortgage obligation, the action was removed to federal district court, and the debtor then filed a bankruptcy petition. The bankruptcy court considered its jurisdiction over the action in view of a district court order which appeared to conclude that the case was already before the bankruptcy court.
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Court
:
In re Kolodziej
Jul
02
2010
Ruling
Confirmation denied due to undervaluation of property.
Procedural posture
Movant, a secured creditor and the successor mortgagee on the debtor's real property, brought an objection to the confirmation of the chapter 13 debtors' proposed plan, and a motion for relief from the automatic stay, or alternatively for abandonment of the real property, assertion that the proposed plan did not comply with 11 U.S.C.S. § 1325(a)(5) and (a)(6), due to asserted undervaluation of the debtors' real property.
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Court
:
- FRBP
Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat Inc.)
Apr
25
2010
Ruling
Settlement of FCC license dispute approved.
Procedural posture
Chapter 7 trustee and defendants in litigation concerning an FCC license for an educational broadband service station in which the debtor claimed an interest, submitted a joint motion to approve a settlement and compromise of the claims. A creditor filed a timely objection to the compromise, which gave rise to a contested matter pursuant to Fed. R. Bankr. P. 9014.
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Court
:
Falk Engg & Surveying Inc. v. Luedtke (In re Luedtke)
Apr
02
2010
Ruling
Collateral estoppel did not apply to nondischargeability proceeding where state court judgments did not satisfy fraud or larceny elements.
Procedural posture
In this adversary proceeding, plaintiff creditor filed a complaint asserting that the amount owed by defendant debtor to the creditor pursuant to a state court judgment should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The creditor argued that the doctrine of collateral estoppel applied.
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Court
: