Judge Curley

PMM Investments LLC v. Campbell (In re Campbell)

Creditor brought an adversary proceeding against debtor seeking a determination that a debt for the creditor's capital contribution to a limited liability company (LLC) of the which the debtor was a manager was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud and embezzlement.
Ruling: 
Debt for creditor's capital contribution to LLC of which debtor was manager was nondischargeable based on debtor's embezzlement.
ABI Membership is required to access the full summary of PMM Investments LLC v. Campbell (In re Campbell). 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 March 31,2013, LexisNexis #0513-046

Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy Inc.)

Debtor, a constructor filed a motion to determine the applicability of the automatic stay. The sole issue to be determined was whether the power purchase and sale agreement entered into between debtor and respondent electric utility constituted a forward contract that was not subject to the provisions of the automatic stay pursuant to 11 U.S.C.S. § 362(b)(6).
Ruling: 
Renewable power purchase and sale agreement with debtor was a forward contract not subject to stay.
ABI Membership is required to access the full summary of Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy 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 February 26,2013, LexisNexis #0613-040

In re Bennitt

A chapter 7 trustee applied for an order to show cause why the debtors should not be held in contempt of court for failure to comply with a consent order resolving the U.S. Trustee's order to show cause against the debtors for failure to comply with a consent order requiring turnover of estate assets in the form of insurance proceeds.
Ruling: 
Debtors held in contempt for failure to comply with show cause order.
ABI Membership is required to access the full summary of In re Bennitt. 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 30,2013, LexisNexis #0313-001

In re Manstone Countertops LLC

The court entered an order directing an attorney to show cause why he should not be removed as counsel for jointly administered chapter 11 cases.
Ruling: 
Attorney removed as counsel for jointly administered chapter 11 cases due to failure to obey court directives.
ABI Membership is required to access the full summary of In re Manstone Countertops 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 January 17,2013, LexisNexis #0213-036

In re Wright

Debtor filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for repaying his creditors. The court granted a bank's motion for relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy, and after property the debtor owned was sold, the bank filed claims seeking payment of amounts that remained on two loans. The debtor filed an objection to the bank's claims.
Ruling: 
Bank's deficiency claim disallowed as invalid under state law.
ABI Membership is required to access the full summary of In re Wright. 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 December 28,2012, LexisNexis #0113-075

In re Jones

Chapter 7 trustee filed a motion to sell real property free and clear of all liens and encumbrances pursuant to 11 U.S.C.S. § 363(f).
Ruling: 
Property vested in debtors upon death of grantor three days after petition date was property of the estate and could be sold by trustee.
ABI Membership is required to access the full summary of In re Jones. 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 December 13,2012, LexisNexis #0113-053

Mann v. Steele (In re Steele)

Plaintiff Chapter 7 trustee commenced an adversary proceeding against defendants, the debtor and the church that he founded, seeking recovery of a transfer pursuant to 11 U.S.C.S. §§ 547, 548(a)(1)(A)-(B), and 550(a)(1). The trustee also sought to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2).
Ruling: 
Trustee could recover more than fair share of proceeds retained by church from sale of vehicle co-owned with debtor pastor as a constructively fraudulent transfer.
ABI Membership is required to access the full summary of Mann v. Steele (In re Steele). 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 March 31,2011, LexisNexis #0511-123

In re Hooper

Chapter 7 trustee filed a motion, pursuant to 11 U.S.C.S. § 542, to compel the debtors to turn over any tax refunds generated as a result of the passage of the Worker, Homeownership and Business Assistance Act (WHBAA).
Ruling: 
Net operating losses and refunds granted under the Worker, Homeownership and Business Assistance Act were property of the estate.
ABI Membership is required to access the full summary of In re Hooper. 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 December 14,2010, LexisNexis #0111-089

Goodman v. California Portland Cement Co. (In re GTI Capital Holdings LLC)

Plaintiff guarantors filed an action in the Maricopa County Superior Court (Arizona), alleging that defendants, a California corporation and others, committed fraud and engaged in racketeering. Defendants removed the action to the bankruptcy court, and the guarantors filed a motion to remand. Defendants filed a motion to dismiss the guarantors' claims and sought an order prohibiting the guarantors from filing further actions.
Ruling: 
Bankruptcy court had ancillary jurisdiction over dispute between creditors and debtors' guarantors.
ABI Membership is required to access the full summary of Goodman v. California Portland Cement Co. (In re GTI Capital Holdings 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 September 15,2009, LexisNexis #1109-035

In re Lyons

A creditor objected to confirmation of the debtors'proposed chapter 13 plan, challenging, inter alia, the proposal to reduce the interest rate from the contractual rate set forth in a motor vehicle retail installment sales contract.
Ruling: 
Hanging paragraph does not require payment of interest at contract rate.
ABI Membership is required to access the full summary of In re Lyons. 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 May 13,2009, LexisNexis #0709-020

Pages

Subscribe to Judge Curley