In re Rogan
Mar
11
2010
Ruling
Second motion for relief from stay to pursue federal court litigation against debtor granted subject to conditions.
Procedural posture
Before the court was a creditor's second motion to modify the 11 U.S.C.S. § 362(a) automatic stay.
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Court
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Associated Pathologists of Munster Ind. PC v. Weichman (In re Weichman)
Mar
11
2010
Ruling
Actions by professional corporation against debtor and corporations owned by debtor remanded to state court due to lack of jurisdiction over debtor's corporations.
Procedural posture
Plaintiff professional corporation filed an action in the Superior Court of Lake County (Indiana) against defendants, a debtor and two corporations the debtor owned. Almost four years later, the debtor declared chapter 11 bankruptcy and removed the state-court action to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a). Plaintiff filed a motion for an order remanding the case to the state court.
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Court
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Tully v. Haughee (In re Haughee)
Mar
05
2010
Ruling
Mere mailing of summons in adversary proceeding to debtor was insufficient service given proof it was never received.
Procedural posture
Chapter 7 debtor filed an amended motion to vacate a judgment of default entered against him in an adversary proceeding initiated by plaintiff. At issue was whether the debtor was properly served pursuant to Fed. R. Bankr. P. 7004(b)(9).
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Court
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In re Childress
Feb
11
2010
Ruling
Stay pending appeal granted on condition that debtor make payments to protect bank's interests.
Procedural posture
Debtor filed a petition under chapter 13, and a bank filed a motion for an order terminating the automatic stay and a motion for an order dismissing the debtor's case and enjoining the debtor from filing another case for 180 days. The court dismissed the debtor's case for cause, pursuant to 11 U.S.C.S. § 1307(c), the debtor filed a motion for an order staying the court's order pending appeal.
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Court
:
- 11 U.S.C.
In re DFI Proceeds Inc.
Feb
09
2010
Ruling
Debtor's landlord entitled to administrative expense claim for rent at original, not later increased, rate.
Procedural posture
In this chapter 11 case, claimant landlord filed a motion for an administrative claim for postpetition rent, to which the unsecured creditors' committee objected.
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Court
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In re Turner
Feb
09
2010
Ruling
Adversary proceeding required in order for court to determine payoff amount of loan that was basis for secured creditor's claim.
Procedural posture
Movant, a chapter 13 debtor, asked the court to determine the payoff amount for a loan on which a secured creditor had based its claim. At issue was what the real nature of the motion was and whether it was properly decided using the procedural mechanism of a motion.
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Court
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In re Hayes
Jan
26
2010
Ruling
Fear of depositions in district court case did not provide grounds for waiver of credit counseling requirement.
Procedural posture
Before the court was debtors' request that the court temporarily waive the prepetition credit counseling requirement.
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Court
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Lazzaro v. Weichman (In re Weichman)
Jan
21
2010
Ruling
Nondischargeability complaint claiming inadequate information and misrepresentations in investment advice provided by debtor dismissed for lack of evidence.
Procedural posture
Plaintiff investors brought an adversary proceeding against defendant bankruptcy debtor alleging that debts to the investors were nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation, and willful and malicious injury. The debtor moved to dismiss the complaint for failure to state a claim.
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Court
:
- 11 U.S.C.
Superior Distrib. of Indiana Inc. v. Shaffer (In re Shaffer)
Jan
21
2010
Ruling
Default judgment of nondischargeability granted for debtor's taking creditor's equipment, selling it and installing it on premises of third party.
Procedural posture
Plaintiff creditor asked that defendant debtor's debt to it be excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(4), (a)(6). Before the court was the Motion for Default Judgment filed by the creditor against debtor. The creditor sought judgment pursuant to Fed. R. Civ. P. 55, made applicable by Fed. R. Bankr. P. 7055.
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Court
:
- 11 U.S.C.
MacArthur v. American Gen. Fin. Servs. (In re MacArthur)
Jan
19
2010
Ruling
Court declined to avoid improperly attested security interest that provided sufficient constructive notice.
Procedural posture
Trustee filed a complaint against defendant creditor to avoid the creditor's security interests pursuant to 11 U.S.C.S. § 544 and to recover those interests for the benefit of a chapter 7 debtor's estate pursuant to 11 U.S.C.S. § 551. The creditor sought dismissal of the trustee's complaint on the basis that the complaint failed to state a claim upon which relief could be granted.
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Court
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