- 11 U.S.C.
In re Satnam Lodging LLC
Jul
16
2013
Ruling
Debtor's former attorney ordered to disgorge additional, undisclosed fees in wake of prior order for disgorgement of disclosed fees.
Procedural posture
The court entered an order requiring chapter 11 debtor's former attorney to disgorge, within 14 days, the sum of $5,000, representing the amount of fees she had disclosed she had been paid at that point. Thereafter, the United States Trustee filed a subsequent motion to disgorge fees because the Trustee had learned that the attorney had received fees in addition to the $5,000 previously disclosed.
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Court
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In re Russell
May
03
2013
Ruling
Objection to deficiency claim overruled where foreclosure sale price established amount of claim.
Procedural posture
A creditor filed a proof of claim based on a deficiency after a foreclosure sale of a bankruptcy debtor's condominium property. The debtor objected to the creditor's claim on the grounds that the property was uninhabitable based on noise problems which were not disclosed, and that the foreclosure sale price was inadequate.
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Court
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- 11 U.S.C.
In re Keifert
Mar
22
2013
Ruling
Debtor domiciled in filing state for 730 days prior to petition date could not claim out of state exemptions based on periodic military service.
Procedural posture
The chapter 7 trustee objected to exemptions claimed by debtors under California law because, he asserted, debtors were domiciled in Missouri for the relevant time period and had to claim Missouri exemptions under 11 U.S.C.S. § 522(b)(3)(A).
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Court
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- 11 U.S.C.
Paul v. Allred (In re Paul)
Feb
28
2013
Ruling
Bankruptcy court properly denied homestead exemption where debtor had not resided in rented property for 14 years.
Procedural posture
Debtor sought review of an order of the United States Bankruptcy Court for the District of South Dakota, which granted summary judgment in favor of chapter 7 trustee on his objection to the debtor's claimed homestead exemption under S.D. Codified Laws § 43-45-3(2).
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Velde v. Border State Bank (In re HovdeBray Enters.)
Dec
03
2012
Ruling
Liquidation sale proceeds properly avoided as preference as floating lien, ordinary course of business and new value defenses did not apply.
Procedural posture
Appellant bank challenged rulings of the U.S. Bankruptcy Court for the District of Minnesota denying summary judgment on appellee trustee's preference action per 11 U.S.C.S. § 547 on findings that its lien was perfected within the § 547 perfection period, that its § 547(c)(5) "floating lien" defense to a security interest perfected during the preference period lacked merit, and that the trustee, who had cross-appealed, was to recover $242,824.
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Court
:
Judge or Jurisdiction information not available
U.S. Bank Natl Assoc. v. Lewis & Clark Apts. LP (In re Lewis & Clark Apts. LP)
Oct
11
2012
Ruling
Bankruptcy court erred by not attributing value to low income housing tax credits for which debtor was eligible.
Procedural posture
Creditor bank challenged an order of the United States Bankruptcy Court for the Eastern District of Missouri that granted the motion of appellee debtor, the owner of an apartment complex, and valued the creditor's allowed secured claim at $3,500,000, pursuant to 11 U.S.C.S. § 506(a). The issue was whether low-income housing tax credits and use restrictions attributable to the collateral should be considered in valuing the claim.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Prospect Studios LP
Aug
24
2012
Ruling
Fee application approved over creditor's objection to payment from retainer funded by rents in which creditor's security interest was not perfected.
Procedural posture
A law firm, as counsel for the debtor, filed an application for allowance of compensation for services rendered and for reimbursement of expenses incurred for a certain period. A creditor of the debtor objected.
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Court
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Bucher v. Dakota Fin. Corp. (In re Whitaker)
Jul
19
2012
Ruling
Indian tribe was immune from adversary proceeding for turnover, but not pursuant to §106.
Procedural posture
Chapter 7 trustees filed four adversary proceedings against defendants, an Indian tribe and a finance corporation formed by the tribe, seeking orders, inter alia, which required the tribe to turn over revenue payments owed to debtors under the tribe's ordinances and the Indian Gaming Regulatory Act. The United States Bankruptcy Court for the District of Minnesota found that the tribe was immune from suit, and the trustees appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re O&S Trucking Inc.
Jun
29
2012
Ruling
Authorization granted for payment of prepetition claims of critical vendors.
Procedural posture
A chapter 11 debtor filed an emergency motion for authorization to pay prepetition claims of critical vendors and contractors.
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Court
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Belfor USA Group Inc. v. Hopkins (In re Hopkins)
Apr
09
2012
Ruling
Reasonable fees of creditor's attorney incurred in nondischargeability proceeding allowed.
Procedural posture
In an earlier opinion, the court held that a portion of defendant debtor's debt to plaintiff creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6). The court held that because 84 percent of the debt was nondischargeable, 84 percent of the creditor's reasonable attorneys' fees would likewise be nondischargeable. The court directed the parties to file briefs as to the reasonableness of the creditor's requested fees.
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Court
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