- 11 U.S.C.
Jefferson v. Arkansas Dept of Fin. & Admin. (In re Jefferson)
Dec
11
2014
Ruling
Debtor's claims against state tax agency that had filed proofs of claim were not barred by sovereign immunity.
Issue(s)
Were debtor's claims against state tax agency that had filed proofs of claim barred by sovereign immunity?
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Court
:
- 11 U.S.C.
In re Dickens
Jul
25
2014
Ruling
Trustee's fee based on fixed percentage of plan payments had to be returned to debtor upon preconfirmation dismissal.
Issue(s)
Whether the trustee is permitted to retain a collected percentage fee provided for by 28 U.S.C. § 586 when the debtors' case was dismissed prior to confirmation of a plan?
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Court
:
- 11 U.S.C.
In re Living Hope Southeast LLC
Jan
29
2014
Ruling
Relief from stay to pursue litigation against debtor denied given low likelihood of success and possible negative impact on other creditors and value of estate.
Issue(s)
Should relief from stay be granted to allow doctor to pursue case arising out of breach of lease and damage to property against debtor provider of outpatient psychiatric services?
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Court
:
- 28 U.S.C.
Farmers Bank & Trust Co. v. Chickshaw Props. LLC (In re Burrow)
Dec
07
2013
Ruling
Bankruptcy court abstained from and remanded proceeding for determination of priority of mortgages on property owned by debtor's LLC.
Issue(s)
Should bankruptcy court abstain from hearing proceeding for determination of priority of mortgages on property owned by debtor's LLC?
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Court
:
- 11 U.S.C.
Calderon v. Bank of Am. Corp. (In re Calderon)
Jul
01
2013
Ruling
Bank not entitled to jury trial on alleged stay violation.
Issue(s)
Whether a bank was entitled to a jury trial on a debtor's 11 U.S.C.S. § 362(k)(1) action under U.S. Const. amend. VII. [1]-Applying the U.S. Supreme Court's Granfinanciera analysis, the court found that an action for violation of the automatic stay did not have an analogue in 18th century England; [2]-It was not necessary for the court to decide whether an 11 U.S.C.S. § 362(k)(1) action sought legal rather than equitable relief because the court concluded that a stay violation action asserted a public right; [3]-The court joined other courts that held that the rights created and vindicated by § 362(k)(1) were so fundamental to the bankruptcy system that they should be viewed as public rights; [4]-The fact that the bank did not file a proof of claim was irrelevant in light of the fact that a § 362(k)(1) action asserted a public right.
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Court
:
- 11 U.S.C.
In re Whitehead
Oct
16
2012
Ruling
Discharge denied due to unexplained loss of investment property.
Procedural posture
Creditor brought an adversary complaint against chapter 7 debtor objecting to discharge and/or the dischargeability of a debt, based on debtor's failure to satisfactorily explain the loss of an asset, pursuant to 11 U.S.C.S. § 727(a)(5). Creditor and debtor had a business venture that involved purchasing and fixing up houses, and debtor had transferred one such house to his parents.
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Court
:
- 11 U.S.C.
In re Heath
Jul
03
2012
Ruling
Confirmation denied due to modification of cross-collateralized debt.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors that allowed them to sever agreements they entered with a creditor that cross-collateralized debts they owed the creditor. The creditor filed an objection to confirmation of the debtors' plan.
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Court
:
In re Hopper
Jun
27
2012
Ruling
Confirmation denied and case converted to chapter 7 due to debtor's bad faith.
Procedural posture
Debtor declared chapter 13 bankruptcy and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to convert the debtor's case to one under chapter 7, and a trustee who was appointed to administer the plan also filed an objection to confirmation. The court held a hearing on the objections and on an adversary proceeding the debtor filed against his ex-wife.
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Court
:
- 11 U.S.C.
Dugan v. U.S. Bank (In re Dugan)
Jun
20
2012
Ruling
Bank did not violate stay by seizing funds from business account of separate corporate entity owned 100 percent by debtor.
Procedural posture
Chapter 13 debtors filed a complaint defendant bank alleging violation of the automatic stay and seeking turn over of property of the estate. The bank filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
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Court
:
- 11 U.S.C.
In re Nicholas
Oct
26
2011
Ruling
Confirmation denied due to plan that effectively required unsecured creditors to subsidize debtor's retention of home and excluded SSI income from projected disposable income.
Procedural posture
The chapter 13 trustee objected to confirmation of a plan proposed by debtor, an ex-wife, based in part on debtor's intention to continue to reside in and to pay mortgages secured by a 7000 square foot residence in which she lived alone. One issue was whether the court might properly take debtor's Social Security income (SSI) into account in determining her projected disposable income (PDI) that was required to be committed to the plan.
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Court
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