- 11 U.S.C.
Gouveia v. Cahilane (In re Cahilane)
Jun
11
2009
Ruling
Transfers to debtor's brother who then transferred funds to corporation were not avoidable as brother did not benefit nor was corporation his alter ego.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant corporate transferee and debtor's brother, seeking to recover certain transfers pursuant to 11 U.S.C.S. §§ 547(b), 548(a)(1)(A) and (B), and 550(a). The trustee also sought to pierce the corporate veil to hold the brother liable for transfers made to the corporation. The court held a trial.
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Court
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In re Martin
Apr
22
2009
Ruling
Dismissal upheld where debtor failed to provide exigent circumstances for waiver of credit counseling requirement until filing motion for reconsideration.
Procedural posture
The court dismissed a debtor's case due to the debtor's failure to demonstrate eligibility for relief under title 11. The debtor filed a motion to reconsider the court's order. The court construed the motion as having been filed pursuant to Fed. R. Civ. P. 60(b).
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Court
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In re Jongsma
Mar
25
2009
Ruling
Confirmation denied as debtor's failure to disclose time share interests was evidence the petition was filed in bad faith.
Procedural posture
A creditor objected to confirmation of the debtor's chapter 13 plan under 11 U.S.C.S. § 1325(a)(3), (4), (7), asserting that the plan provided less distribution to unsecured claims than liquidation, that the plan was not proposed in good faith, and that the debtor did not file the bankruptcy petition in good faith.
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Court
:
- 11 U.S.C.
In re Watson
Mar
11
2009
Ruling
Alleged domestic support order split into unsecured priority and general unsecured claims due to dubious documentation.
Procedural posture
After claimant filed a claim in debtors' chapter 7 case ostensibly reflecting a unsecured priority claim (UPC) per 11 U.S.C.S. § 507(a)(1) that was a "domestic support obligation" within the meaning of 11 U.S.C.S. § 101(14A) in favor of claimant, the trustee objected. The trustee proposed, however, to allow the challenged amount as a general unsecured claim and did not object to the designation of other amounts as a priority claim.
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Court
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Gouveia v. TC Invs. LLC (In re Cahillane)
Mar
11
2009
Ruling
Transfer of property at issue in contested adversary proceeding enjoined.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against defendants. Among other Counts, Count I sought injunctive relief pursuant to 11 U.S.C.S. § 105(a). Count II sought a declaratory judgment as to property interests of the bankruptcy estate. Count III sought to pierce a corporate veil. Defendants moved to reject executory contract or in the alternative to lift the automatic stay. Defendants moved for summary judgment.
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Court
:
In re Johnson
Mar
04
2009
Ruling
Case where plan was substantially consummated could be closed to avoid quarterly fees.
Procedural posture
A debtor filed a motion to close his chapter 11 bankruptcy case, subject to being reopened after the plan payments had been completed so that a discharge could be entered. The United States Trustee (UST) that the case should have remained open until the plan payments were completed.
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Court
:
In re Maxfield
Feb
19
2009
Ruling
Chapter 13 debtor's pospetition tax delinquency was not per se cause for dismissal.
Procedural posture
The United States, acting on behalf of the I.R.S., moved to dismiss the debtor's chapter 13 case for cause pursuant to former 11 U.S.C.S. § 1307(c) (amended 2005) based on the debtor's failure to pay postpetition federal income taxes for three tax years. The bankruptcy court held a hearing on the motion.
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Court
:
In re Wright
Feb
17
2009
Ruling
Service of motion to redeem motor vehicle on creditor's "Bankruptcy Dept." was insufficient.
Procedural posture
The court previously granted, under 11 U.S.C.S. § 722, the debtor's motion to redeem a motor vehicle from a lien held by creditor by paying the creditor the sum of $ 1,000. The creditor filed a motion to set aside the court's order, arguing that it had not been properly served.
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Court
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Boyer v. Simon (In re Fort Wayne Telsat Inc.)
Feb
12
2009
Ruling
Objection to proofs of claim overruled absent evidence of invalidity or value.
Procedural posture
Creditors sought summary judgment in an objection to their proofs of claim and/or request to determine the creditors' secured status filed by the holders of FCC licenses.
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Court
:
- FRBP
In re Hunt
Jan
22
2009
Ruling
Creditor's counsel who failed to appear at pretrial conference on motion for relief from stay ordered to pay debtor's attorneys' fees and expenses.
Procedural posture
A creditor filed a motion for relief from stay and abandonment in the debtor's bankruptcy case. The court held a pretrial conference on the motion and the debtor's objection. The creditor's attorney failed to appear for the conference. The court issued a show cause order requiring the attorney to explain why payment of the debtor's reasonable attorney fees or other sanction should not have been imposed pursuant to Fed. R. Bankr. P. 7016(f).
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Court
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