- 11 U.S.C.
In re Maggett
Oct
19
2006
Ruling
Debtor could surrender vehicle in full satisfaction of debt with no further liability for deficiency.
Procedural posture
A secured creditor objected to confirmation of the debtor's amended chapter 13 plan in which he proposed to surrender a vehicle in full satisfaction of the debt owed to the secured creditor. The court held a hearing on the objection.
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Court
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- 11 U.S.C.
In re Sandhills Cattle Feeding Inc.
Oct
06
2006
Ruling
Plan not filed in bad faith where cattle died from disease rather than being converted for debtors'benefit as alleged.
Procedural posture
Debtors filed for chapter 12 bankruptcy relief. The debtors then filed a chapter 12 plan. A creditor objected to confirmation pursuant to 11 U.S.C. § 1225(a)(3), alleging that the debtors had converted 385 head of the creditor's cattle. The court held a trial on the objection.
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Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)
Aug
10
2006
Ruling
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor for violating the automatic stay by postpetition repossession of the debtor's vehicle. In the debtor's main case, the debtor also objected to the creditor's amended proof of claim, and the creditor moved for relief from the stay. The bankruptcy court conducted a trial addressing all of these matters.
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Logan County Copperative v. Gaites (In re Gaites)
Jul
27
2006
Ruling
Bank was denied partial summary judgment in equitable subordination action since factual disputes existed.
Procedural posture
Defendant bank filed a motion for partial summary judgment on plaintiff co- op's adversary complaint for equitable subordination under 11 U.S.C. § 510(c).
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In re Lockwood Corp.
Apr
26
2006
Ruling
Court deemed in case converted from chapter 11 to chapter 7 that disgorged funds were to be distributed pro rata among all administrative claimants not just chapter 11 administrative professionals.
Procedural posture
Debtor originally filed for relief under chapter 11, and the matter was converted to a proceeding under chapter 7. The administrative professionals who worked on the chapter 11 claim were ordered to disgorge a total of $488,559 in interim administrative payments. The company sought pro rata distribution among the chapter 11 professionals of the disgorged funds.
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Court
:
- 11 U.S.C.
Prairie Constr. Co. v. Ring (In re Ring)
Feb
14
2006
Ruling
Debt for supplied flooring was nondischargeable since the supplier relied on representations made in a guarantee that was signed with implicit authority and that proved to be false.
Procedural posture
Plaintiff creditor filed an adversary proceeding objecting to discharge and to determine the dischargeability of a debt.
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Court
:
- FRBP
Evans v. Codilis & Stawiarski P.A. (In re Evans)
Jan
27
2006
Ruling
Motion was deemed timely filed despite not being properly filed until a day after the deadline since the pro se debtor filed the motion in good faith, though not properly, within the applicable time.
Procedural posture
A pro se bankruptcy debtor's motion for summary judgment in an adversary proceeding was denied, the debtor filed a notice of appeal, and the debtor improperly moved the district court for relief from the order denying summary judgment. The motion for relief from the order was refiled with the bankruptcy court.
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Court
:
- 11 U.S.C.
Law v. Stover (In re Law)
Jan
26
2006
Ruling
Debtors were denied exemption of their federal child tax credit refunds since the refunds were contingent interests in future payments and thus were estate property.
Procedural posture
Appellant debtors challenged orders of the bankruptcy court entered on June 27, 2005, and June 29, 2005, in each of these cases sustaining the objection of appellee, the chapter 7 trustee, to debtors'claim of exemption in the portions of their federal tax refunds attributable to the federal child tax credit.
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Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)
Sep
26
2005
Ruling
Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.
Procedural posture
Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.
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James v. Tipler (In re Tipler)
Sep
13
2005
Ruling
Debtor was denied discharge based on failure to keep recorded information and false oath.
Procedural posture
The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).
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