Pilot v. Alesco Preferred Funding XV Ltd. (In re First Baldwin Bancshares Inc.)
Sep
30
2013
Ruling
Subordination agreement in favor of special purpose entity allowed.
Issue(s)
Was subordination agreement contained in note enforceable in favor of special purpose entity.
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Court
:
- 11 U.S.C.
In re Negus-Sons Inc.
Aug
30
2013
Ruling
Trustee entitled to payment of fees from non-estate ERISA plan assets for administration and liquidation of plans.
Issue(s)
Was trustee entitled to recover the fees of professionals retained to carry out the trustee's duties of administering and liquidating debtor's ERISA plans.
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Court
:
- 11 U.S.C.
In re Bradley
Aug
30
2013
Ruling
Student loan debt could constitute "special circumstances" to rebut presumption of abuse.
Issue(s)
Could debtors cite student loan obligations as "special circumstances" in order to rebut the presumption of abuse.
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Court
:
- 11 U.S.C.
Andrews v. RBL LLC (In re Vista Bella Inc.)
Aug
09
2013
Ruling
Assignment of note and mortgage was not an avoidable transfer due to debtor's retention of interest.
Issue(s)
On reconsideration, should assignments of condominium purchase agreements be held to be avoidable transfers.
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Court
:
- 11 U.S.C.
Lor v. United States Bank (In re Lor)
Jul
30
2013
Ruling
Chapter 13 debtor could strip off unsecured junior lien upon successful completion of plan.
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Court
:
- 11 U.S.C.
In re M&M Mktg. LLC
Jul
30
2013
Ruling
Creditor's claim allowed in part despite disclaimer of interest in subject assets by debtor one month before executing note.
Issue(s)
[1]-Whether a creditor's claim was unenforceable and should be disallowed under 11 U.S.C.S. § 502(b)(1) based upon an allegation that the debtor's owner had turned over all of the debtor's assets to a third party by executing a disclaimer of interest a month before he executed the promissory note.
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Court
:
- 11 U.S.C.
Stalnaker v. Allison (In re Tri-State Fin. LLC)
May
21
2013
Ruling
Trustee allowed fees incurred in adversary proceeding to determine ownership of funds.
Procedural posture
Trustee filed an application for compensation and statement of fees relating to an adversary proceeding filed against defendant members to determine the ownership of certain funds recovered in a South Dakota bankruptcy case. Objections were filed to the application.
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Court
:
- 11 U.S.C.
In re Poole
Apr
03
2013
Ruling
Confirmation denied due to unsecured treatment of nondischargeable claims in the nature of support.
Procedural posture
A debtor's former spouse filed an objection to confirmation of his proposed chapter 13 plan on the grounds that the plan treated three obligations as general unsecured claims that the former spouse alleged were each in the nature of support and thus, nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15).
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Court
:
- 11 U.S.C.
Pelstar Dev. LLC v. Pelshaw (In re Pelshaw)
Mar
15
2013
Ruling
Note representing LLC funds owed by debtor for personal expenses was nondischargeable.
Procedural posture
Plaintiff, a limited liability company (LLC), brought an adversary proceeding against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4). Judgment was pending following a trial.
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Court
:
- 11 U.S.C.
In re Rattler
Mar
06
2013
Ruling
Administrative expense claim allowed for debtor's postpetition rental arrearage.
Procedural posture
Debtor's chapter 13 matter was before the court pursuant to a creditor's Motion to Allow Administrative Claim related to debtor's failure to meet her obligations to pay rent under a post-petition residential lease.
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Court
: