In re Felix Invs. Inc.
Aug
29
2011
Ruling
Creditor lessor entitled to relief from stay to repossess leased properties where debtor's rights to the premises terminated prepetition.
Procedural posture
A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) so that it could exercise its non-bankruptcy rights with respect to certain properties that were leased from the creditor by a Chapter 11 debtor. The Chapter 11 debtor objected to the motion.
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Court
:
In re Hoetmer
Jul
14
2011
Ruling
Postpetition real estate commission in which debtor held prepetition interest was property of the estate, subject to state exemption.
Procedural posture
A chapter 7 trustee filed a motion for turnover in which he sought turnover of a real estate commission paid to one of the debtors. The debtor argued that the commission was not property of the estate under 11 U.S.C.S. § 541(a)(1) because it was received post petition.
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Court
:
- 11 U.S.C.
In re Brown
Jul
08
2011
Ruling
Plan modification to allow surrender of motor vehicle with blown engine denied for lack of good faith.
Procedural posture
Debtor filed a motion to modify, pursuant to 11 U.S.C.S. § 1329(a), her confirmed chapter 13 plan, which valued her motor vehicle creditor's purchase money security interest claim at $6,268.11, payable at 4.25 percent interest. The creditor objected to the plan, asserting that the proposed modification failed meet the good faith requirement of 11 U.S.C.S. § 1325(a)(3), that the modification was unwarranted.
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Court
:
- 11 U.S.C.
In re Weiser
Apr
29
2011
Ruling
Distribution from inter vivos spendthrift trust was not property of the estate.
Procedural posture
The Chapter 7 trustee sought turnover of any distribution to which the debtor was entitled under a trust. The trustee argued that the anticipated distribution was a "bequest, device or inheritance" under 11 U.S.C.S. § 541(a)(5)(A) and thus was property of the estate.
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Court
:
- FRBP
In re Shanks
Feb
22
2011
Ruling
Motion for relief from stay did not constitute an informal proof of claim that would prevent disallowance of late-filed proof of claim.
Procedural posture
A chapter 13 debtor filed an objection to a proof of claim filed by a creditor as untimely under Fed. R. Bankr. P. 3002(c). The creditor alleged that a relief from stay motion that he filed before the claims bar date should be deemed an informal claim to which the untimely claim should relate back.
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Court
:
- 11 U.S.C.
In re Greenwood Point LP
Feb
04
2011
Ruling
Debtor's classification of claims and treatment of creditor in order to obtain plan acceptance votes did not constitute bad faith.
Procedural posture
Debtor, an Indiana limited partnership, filed a petition under chapter 11 and proposed a plan for reorganizing its business of operating a shopping center. An LLC, solely in its capacity as Special Servicer for a bank, filed objections to the debtor's plan.
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Court
:
- 11 U.S.C.
Hair v. Goldsberry (In re Goldsberry)
Jan
28
2011
Ruling
Judgment for slander of title was nondischargeable where malicious intent was fully litigated.
Procedural posture
Plaintiff creditor filed a complaint to determine dischargeability, alleging that a summary judgment he obtained in a state court against defendant debtors was nondischargeable under under 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
National Bank v. White (In re White)
Dec
23
2010
Ruling
State court fraud judgment was nondischargeable subject to relitigation of amount.
Procedural posture
Plaintiff creditor filed a two-count nondischargeability complaint against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6) for damages arising out of a check delivered by the debtor that was returned for insufficient funds. The debtor counterclaimed, alleging that it was the creditor's practice to cover overdrafts. The creditor moved for summary judgment on its § 523(a)(2)(A) count and on the counterclaim.
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Court
:
In re Union-Go Dairy Leasing LLC
May
06
2010
Ruling
Relief from stay granted due to lack of adequate protection.
Procedural posture
This cause came before the court on a creditor's Motion For Relief From Stay and debtor's Objection thereto. The court also conducted an evidentiary hearing on the Motion To Dismiss Debtor's Chapter 11 Bankruptcy Case filed by the creditor and debtor's Objection thereto.
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Court
:
- 11 U.S.C.
Bullock v. Bullock (In re Bullock)
Apr
28
2010
Ruling
Student loan payments and equalization payments provided for in separation agreement were in the nature of property settlements and dischargeable.
Procedural posture
Plaintiff, the former wife of a chapter 13 debtor, sought a determination that a student loan debt and an equalization payment debt were domestic support obligations under 11 U.S.C.S. § 101(14) and therefore were nondischargeable under 11 U.S.C.S. §§ 523(a)(5) and 1328(a) and entitled to priority status under 11 U.S.C.S. § 507(a)(1).
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Court
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