In re Sovik
Aug
26
2011
Ruling
Debtor could not reopen case to add uncertain potential claim against creditor.
Procedural posture
Following a chapter 7 debtor's discharge in his no-asset case, a creditor filed a state court action against him for conversion, fraud, and breach of fiduciary duty, and the debtor filed a federal labor lawsuit against the creditor in a Tennessee federal court. The debtor then requested a reopening of his case under 11 U.S.C.S. § 350(b) to amend the bankruptcy schedules, to add the creditor, and to add a newly-found potential asset.
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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
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In re New Schoonebeek Dairy LLC
Jun
30
2011
Ruling
Relief from stay denied where there was equity in debtor dairy's property.
Procedural posture
In this chapter 11 case, a secured creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2).
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Court
:
- FRBP
In re Sheetz
Jun
28
2011
Ruling
Creditor's objection to trustee's motion for examination overruled as trustee was acting properly.
Procedural posture
One day after the court, acting ex parte, granted a Chapter 13 trustee's motion for permission to examine a creditor pursuant to Fed. R. Bankr. P. 2004, the creditor filed an objection to the trustee's motion and also requested reconsideration of the order granting it.
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Court
:
- 11 U.S.C.
Apollo Printing & Thermography Inc. v. St. Joseph County Treasurer (In re Apollo Printing & Thermography Inc.)
Jun
21
2011
Ruling
County treasurer violated discharge injunction by attempting to collect business property tax, penalties and interest.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendant county treasurer, seeking a determination that business personal property taxes, interest, and penalties assessed by the treasurer were discharged in bankruptcy. Both parties asked the court to award them summary judgment on their claims.
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Court
:
- 11 U.S.C.
In re Cabell
Jun
10
2011
Ruling
Motor vehicle used primarily for business purpose and acquired within one year of petition date was not subject to "hanging paragraph."
Procedural posture
Debtor's chapter 13 case was before the court on the initial objection to confirmation filed by a creditor and on the creditor's amended objection to confirmation.
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Court
:
In re Moore
Apr
25
2011
Ruling
Relief from stay granted, despite absence of default, due to decline in value of collateral and lack of adequate protection.
Procedural posture
In a chapter 7 bankruptcy case, a creditor filed a motion for relief from the automatic stay and for the abandonment of its collateral. A debtor objected to that motion.
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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
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