- 11 U.S.C.
In re Savage
Mar
25
2010
Ruling
Post-default motion to modify plan by above-median debtor denied due to shortening of duration below the required 60 months.
Procedural posture
After the chapter 13 trustee moved to dismiss the debtors' case for default in plan payments, the debtors filed a motion to modify their confirmed plan under 11 U.S.C.S. § 1329 due to changes in income and expenses and to reduce the duration of the of time for which they would have to make that payment. The trustee objected to modification under 11 U.S.C.S. §§ 1325, 1329.
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In re Polaroid Corp.
Jan
22
2010
Ruling
Trustee could employ law firm that represented debtors in chapter 11 adversary proceedings as special counsel to continue those proceedings after conversion to chapter 7.
Procedural posture
In related cases commenced under chapter 11, but converted to chapter 7, the trustee sought approval of his employment of a particular law firm as special counsel for the estate. Defendants in adversary proceedings objected to the employment of that firm under 11 U.S.C.S. § 327(e).
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Court
:
- 11 U.S.C.
In re Rowell
Dec
15
2009
Ruling
Confirmation of second modified plan denied due to treatment of IRS claim.
Procedural posture
The chapter 13 debtor filed an objection to the proof of claim of the United States Internal Revenue Service (IRS) asserting that the Debtor owed it a total of $ 18,827.21, and the IRS filed an objection to the confirmation of the debtor's second modified plan.
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Court
:
- 11 U.S.C.
Polaroid Corp. v. Ritchie Capital Mgmt. LLC (In re Polaroid Corp.)
Dec
04
2009
Ruling
Creditor's counterclaim in proceeding to avoid liens dismissed for lack of standing.
Procedural posture
Debtor brought an adversary proceeding to avoid the claims of defendant creditors, which claimed security interests in proceeds of certain of the debtor's trademark rights that had been sold postpetition. The creditors filed counterclaims asserting their alleged security interests and lien rights, which the debtor moved to dismiss for failure to state a claim or to strike.
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Court
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In re Carlson
Oct
09
2009
Ruling
Relief from stay granted to allow foreclosure but not enforcement of any subsequent money judgment.
Procedural posture
Movant, a creditor bank, moved for relief from the automatic stay of 11 U.S.C.S. § 362(a) so it could resume its prosecution of a foreclosure by action in state court against a parcel of real property against the debtor, his non-debtor wife, and his corporation. Those parties had filed a counterclaim asserting lender liability on the part of the creditor bank.
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Court
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Kanuit v. United States (In re Lien)
Sep
11
2009
Ruling
Non-debtor corporate check written to IRS prepetition for payroll taxes could not be avoided.
Procedural posture
Plaintiff, the chapter 7 trustee for the husband and wife debtors, filed a complaint for avoidance, under 11 U.S.C.S. § 547, of a check written pre-petition to defendant United States to pay a balance due for corporate payroll taxes for their non-debtor corporation. The trustee moved for summary judgment on the claim.
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Court
:
- 11 U.S.C.
In re Petters Co.
Aug
31
2009
Ruling
Insurance company granted relief from stay to make payments under D&O policies.
Procedural posture
A receiver who was appointed to take possession of businesses that belonged to an individual who was charged with violating United States criminal laws filed voluntary petitions under chapter 11 of the Bankruptcy Code on behalf of the businesses and related entities. Two insurance companies that had issued directors' and officers' (D&O) liability policies to the businesses filed a motion for relief from the automatic stay.
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Court
:
- 11 U.S.C.
Walker v. Sallie Mae Servicing Corp. (In re Walker)
Jun
18
2009
Ruling
Debtor who did not complete medical school and had two severely autistic children granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff, a chapter 7 debtor, filed an adversary proceeding against defendant creditors, seeking a determination that her educational loans were dischargeable under the undue hardship provision of 11 U.S.C.S. § 523(a)(8).
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Court
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Murrin v. Scott (In re Scott)
Apr
10
2009
Ruling
Dense, repetitious and hyperbolic dischargeability complaint dismissed.
Procedural posture
Plaintiffs, a married couple, commenced this adversary proceeding for a determination of the dischargeability of their claim pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6), against defendant debtors. In general, plaintiffs complained that they had been fraudulently induced by defendants to make an investment in a corporation. Debtors moved for a final disposition pursuant to Fed. R. Civ. P. 12(b)(6), 9(b).
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Court
:
- FRBP
In re Petters Co. Inc.
Feb
26
2009
Ruling
Attorneys' status as receiver did not prevent appointment as chapter 11 trustee.
Procedural posture
The District Court for the District of Minnesota issued an order, pursuant to 18 U.S.C.S. § 1345(a)(2)(B), which allowed an attorney to take control of businesses that were owned by a person who was arrested. The attorney filed petitions on behalf of the businesses to obtain relief under chapter 11 of the Bankruptcy Code, and the U.S. Trustee sought an order appointing the attorney as the bankruptcy trustee. A creditor objected.
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Court
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