- 11 U.S.C.
In re Williams
May
25
2012
Ruling
Prepetition transfer pursuant to strict foreclosure did not establish reasonably equivalent value and could be avoided.
Procedural posture
Chapter 13 debtors sought summary judgment on their claims in adversary complaints against defendant city that a "strict foreclosure" tax lien foreclosure proceeding under Wis. Stat. § 75.521 that did not involve competitively-bid sale procedures did not establish "reasonably equivalent value" within the meaning of 11 U.S.C.S. § 548(a)(1)(B) and that the resulting prepetition transfers of property were fraudulent transfers under § 548.
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Court
:
- 11 U.S.C.
In re Renaissant Lafayette LLC
Jan
07
2011
Ruling
Sale of assets to bank based on its sole "stalking horse" bid approved.
Procedural posture
Debtor, a debtor in possession (DIP), filed an amended motion for an order of the court approving the sale, pursuant to an Asset Purchase Agreement (APA) with a bank, of substantially all of its assets free and clear of liens, claims, encumbrances and interests per 11 U.S.C.S. § 105 and 11 U.S.C.S. § 363, approving the assumption and assignment of executory contracts and unexpired leases per 11 U.S.C.S. § 365, granting related relief.
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Court
:
- 11 U.S.C.
Levine v. Ward (In re Ward)
Mar
15
2010
Ruling
Construction company's use of buyers' payment for "extras" to pay closing costs was a fiduciary defalcation resulting in nondischargeable debt.
Procedural posture
Plaintiff home buyers filed an adversary proceedings against defendant chapter 7 debtor, seeking a determination that the debtor owed them a debt in the amount of $ 20,000 that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The buyers asked the court to issue an order which required the debtor to pay the debt and awarded the buyers punitive damages, costs, and attorney fees. The case was tried to the court.
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Court
:
- 11 U.S.C.
Brooks v. Northwest Airlines Inc.
Sep
23
2009
Ruling
Disputed slip and fall claim against debtor airline discharged pursuant to confirmed plan where creditor did not follow required procedures.
Procedural posture
In a slip and fall case, plaintiff passenger sued defendant airline and airport authority. About a year later, the airline filed a voluntary petition under chapter 11. A notice of bankruptcy was filed with the present court, which entered a stay. The bankruptcy court confirmed the airline's plan of reorganization. The airline moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Whitwell
Jul
30
2009
Ruling
Confirmation denied where debtor proposed to fund plan with personal injury settlement payments and debtor had sold right to receive the payments to creditor annuity company.
Procedural posture
A chapter 13 debtor sought confirmation of an amended plan that was funded in part by payments received from a structured personal injury settlement. A creditor objected to confirmation, arguing that the debtor had sold it the right to receive 180 of those structured settlement payments, and, therefore, the debtor proposed to use money he did not own to fund the plan.
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Court
:
- 11 U.S.C.
In re Delp
Feb
09
2009
Ruling
Confirmation of amended plan denied due to unwarranted deduction in proposed payments.
Procedural posture
The debtors filed a chapter 13 petition. After the debtors filed their first and second amended plans, the trustee objected pursuant to 11 U.S.C.S. § 1325(a)(3) on the grounds that the debtors reduced their plan payments by $ 472 per month without providing any supporting documentation or explanation. The bankruptcy court held a hearing on the trustee's objection.
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Court
:
- 28 U.S.C.
Estate of Smith v. Columbia Prop. Group
Sep
22
2008
Ruling
Discretionary abstention appropriate for medical malpractice case in which a co-defendant had filed for bankruptcy.
Procedural posture
Plaintiff estate filed the instant wrongful death, medical malpractice action in a state court. One of the defendants removed the action to federal court. The matter was before the court upon the estate's motion for abstention and remand.
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Court
:
- 11 U.S.C.
In re Van Bodegom Smith
Mar
06
2008
Ruling
Debtors could not take deduction for mortgage payments on property intended for surrender from disposable income calculation.
Procedural posture
Chapter 13 trustee filed an objection to confirmation of the debtors' chapter 13 plan, alleging that the debtors had failed to commit all of their disposable income to the plan as required by 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Kirsch
Aug
13
2007
Ruling
Confirmation denied due to failure to address issue of tax redunds.
Procedural posture
The trustee objected to the confirmation of the debtor's plan, arguing that, by failing to address the issue of the debtor's tax refunds, the plan violated the requirement of 11 U.S.C. § 1325(b)(1)(B) that the plan devote all of the debtor's projected disposable income to be received in the applicable commitment period to payment of unsecured creditors.
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Court
:
In re Smith
May
29
2007
Ruling
Creditor that failed to object to bifurcation of claim prior to confirmation was bound by plan.
Procedural posture
After plan confirmation, the chapter 13 debtor objected to a secured creditor's proof of claim.
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Court
: