Judge Mahoney

In re Sandpoint Cattle Co. LLC

Debtor cattle company filed a petition under chapter 11 of the Bankruptcy Code and sought an order allowing it to use cash collateral. An LLC that held a secured interest in cattle that were part of the debtor's herd at the time the debtor declared bankruptcy filed an objection to the debtor's motion, and the court held a hearing on the motion and the objection.
Ruling: 
Debtor cattle company's motion for use of cash collateral denied where creditor's lien in cattle was not adequately protected.
ABI Membership is required to access the full summary of In re Sandpoint Cattle Co. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 01,2013, LexisNexis #0313-138

Stalnaker v. Allison (In re Tri-State Fin. LLC)

Chapter 11 trustee filed an adversary proceeding against defendants, individuals who provided funds to an LLC ("debtor") before it declared chapter 11 bankruptcy, a credit union, and a business, seeking a determination that he was entitled to keep $1,190,000 that was paid by a bankruptcy trustee in another LLC's chapter 7 bankruptcy case. The case was tried to the court.
Ruling: 
Payment of unsecured claims in another LLC's bankruptcy case was not property of debtor LLC's estate.
ABI Membership is required to access the full summary of Stalnaker v. Allison (In re Tri-State Fin. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 13,2013, LexisNexis #0313-021

Brannon v. Chuck Stevens Auto Inc.

Plaintiff debtor brought an adversary proceeding against defendant creditor, an auto dealer, asserting that creditor, through an agent, willfully violated the automatic stay by harassing her despite actual knowledge of her bankruptcy filing, pursuant to 11 U.S.C.S. § 362(k). Creditor moved to dismiss the complaint, denying it had received formal notice of the bankruptcy filing.
Ruling: 
Creditor that received at least oral notice could not dismiss proceeding for stay violation.
ABI Membership is required to access the full summary of Brannon v. Chuck Stevens Auto Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0213-042

Brannan v. Wells Fargo Home Mortg. (In re Brannan)

Putative class plaintiffs, debtor-mortgagors who alleged that defendant lender filed, or caused to be filed, false affidavits in support of motions for relief from automatic stay. The debtors requested that two classes of plaintiffs be certified by the court pursuant to Fed. R. Bankr. P. 7023.
Ruling: 
Class certification granted for plaintiff debtor mortgagees with fraud claims against lender for false affidavits filed in stay proceedings.
ABI Membership is required to access the full summary of Brannan v. Wells Fargo Home Mortg. (In re Brannan). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 08,2013, LexisNexis #0113-140

In re Crenshaw

Creditors filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(2) in order to pursue state law remedies with regard to their lien on the debtor's property.
Ruling: 
Relief from stay to pursue state court remedies granted given lack of equity in property that was not necessary for reorganization.
ABI Membership is required to access the full summary of In re Crenshaw. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 08,2012, LexisNexis #1212-005

In re Hernandez

The Nebraska Department of Health and Human Services (NDHHS) objected to confirmation of a debtor's amended chapter 13 plan on the grounds that it did not account for its claim, which it characterized as a domestic support obligation under 11 U.S.C.S. § 101(14A) entitled to priority under 11 U.S.C.S. § 507(a)(1)(B).
Ruling: 
Confirmation denied due to failure to account for domestic support obligation owed to state department of health and human services.
ABI Membership is required to access the full summary of In re Hernandez. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 08,2012, LexisNexis #1212-011

In re Feaster & Sons Oil Distribs. Inc.

A chapter 7 trustee objected to two claims of a creditor, contending that the claims were filed as secured claims but there was no property of the estate to which a security interest attached.
Ruling: 
Balance of claim that creditor agreed to cap at time of sale order disallowed as no longer secured by property of the estate.
ABI Membership is required to access the full summary of In re Feaster & Sons Oil Distribs. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1212-007

In re Netal Inc.

The IRS filed an application for approval of its super-priority administrative expense claim under 11 U.S.C.S. § 507(b). Two union benefit plans covering the chapter 7 debtor's employees objected to the application on the grounds that the debt owed to them for plan contributions that should have been made within 180 days prior to the bankruptcy filing took priority over the IRS's super-priority claim under 11 U.S.C.S. § 724(b).
Ruling: 
IRS was not entitled to superpriority administrative expense status for diminution claim where union benefits claim was superior.
ABI Membership is required to access the full summary of In re Netal Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 26,2012, LexisNexis #1012-081

Bender Shipbuilding & Repair Co. v. Analytical Chemical & Testing Inc. (In re Bender Shipbuilding & Repair Co.)

Plaintiff chapter 11 debtor sought recovery pursuant to 11 U.S.C.S. § 547 of certain prepetition transfers from the debtor to defendant, a provider of chemical testing reports. The provider filed a motion for summary judgment.
Ruling: 
In a preference action, defendant was not entitled to ordinary course of business defense in 11 U.S.C. § 547(c)(2).
ABI Membership is required to access the full summary of Bender Shipbuilding & Repair Co. v. Analytical Chemical & Testing Inc. (In re Bender Shipbuilding & Repair Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 13,2012, LexisNexis #1012-023

In re Tracy

This matter was before the court on debtor's motion for sanctions or contempt against a creditor.
Ruling: 
Creditor's collection of excessive fees under reaffirmation agreement, which was quickly corrected, was not grounds for sanctions.
ABI Membership is required to access the full summary of In re Tracy. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 27,2012, LexisNexis #0712-071

Pages

Subscribe to Judge Mahoney