- 11 U.S.C.
In re Rody
Feb
06
2012
Ruling
Nonresident debtor could elect federal exemptions due to state law exclusion.
Procedural posture
Bankruptcy debtors who relocated from Arizona to Massachusetts prior to filing their bankruptcy petition in Arizona claimed exemptions under 11 U.S.C.S. § 522, but the bankruptcy trustee asserted that, because Arizona limited exemptions to state exemptions, the debtors were precluded from claiming the federal exemptions. The trustee objected to the exemptions claimed by the debtors.
ABI Membership is required to access the full summary of In re Rody Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hodder v. Wilshire Credit Corp. (In re Hodder)
Sep
12
2011
Ruling
Chapter 13 debtor could not challenge secured claims that were listed and not disputed in schedules.
Procedural posture
Plaintiffs, chapter 13 debtors, brought an adversary proceeding challenging their obligations to defendants creditors who held secured claims against real property of the debtors. The secured creditors brought a motion for judgment on the pleadings.
ABI Membership is required to access the full summary of Hodder v. Wilshire Credit Corp. (In re Hodder) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Stevenson
Jun
09
2011
Ruling
Debtor's counsel's fees denied where original interim fee was adequate and counsel failed to disclose potential conflicts.
Procedural posture
A hearing was held on debtor's First and Final Application for Payment of Compensation for Debtor's Counsel, and debtor's Motion for Voluntary Dismissal of the Case. The Assistant U.S. Trustee and two creditors filed an objections.
ABI Membership is required to access the full summary of In re Stevenson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Mondotte v. Zimmerman (In re Zimmerman)
May
06
2011
Ruling
Fraudulent Mexican real estate transaction was grounds for nondischargeability.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2) and (4) and alleging that the debtor's discharge should be denied pursuant to 11 U.S.C.S. § 727. The creditor also sought punitive damages. At the conclusion of the creditor's case, the court granted the debtor's oral motion for involuntary dismissal of the § 727 counts.
ABI Membership is required to access the full summary of Mondotte v. Zimmerman (In re Zimmerman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Linda Vista Cinemas LLC
Nov
24
2010
Ruling
Confirmation of chapter 11 plan denied due to proposed injunction of collection actions against third party guarantors.
Procedural posture
A bankruptcy debtor's plan of reorganization for its multiplex theater operation proposed to repay all of its creditors in full over a period of time, with contributions to the debtor as needed by the principals and affiliates of the debtor which would also continue their guarantees of the obligations of the debtor to a bank which was the debtor's primary secured creditor. The bank objected to confirmation of the debtor's plan.
ABI Membership is required to access the full summary of In re Linda Vista Cinemas LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Seasons Partners LLC
Oct
28
2010
Ruling
Bankruptcy court declined to reconsider valuation in confirming debtor's plan as objecting creditor had opted to be treated as fully secured.
Procedural posture
A chapter 11 debtor presented a plan of reorganization for confirmation. A secured creditor objected on various grounds. The creditor also moved for reconsideration of a valuation opinion.
ABI Membership is required to access the full summary of In re Seasons Partners LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Lyon
Sep
20
2010
Ruling
Stay lifted to allow creditor to sell off funds in deposit account against credit card balance.
Procedural posture
A creditor, seeking to set off chapter 13 debtors' funds in a deposit account against the credit card loan balance owed by the debtors, filed a contested motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1).
ABI Membership is required to access the full summary of In re Lyon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Bashas Inc.
Aug
13
2010
Ruling
Chapter 11 plan confirmed over objection of banks and note holders who would receive market rates of interest.
Procedural posture
Three affiliated chapter 11 debtors requested that their creditors be consolidated and included for payment within an overall plan of reorganization, and presented a single plan for court approval, along with modifications thereto urged by the debtors to be non-adverse. Certain creditors, including banks, note holders, and litigants, filed oppositions to the plan.
ABI Membership is required to access the full summary of In re Bashas Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sunrise Hospitality LLC
Aug
06
2010
Ruling
Confirmation denied for lack of feasibility due to insufficient interest payments, final balloon payment and apparent inability to meet expenses.
Procedural posture
A confirmation hearing was held on a chapter 11 debtor's plan of reorganization pursuant to 11 U.S.C.S. § 1129 and other applicable provisions of the Bankruptcy Code.
ABI Membership is required to access the full summary of In re Sunrise Hospitality LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Linda Vista Cinemas LLC
May
25
2010
Ruling
Injunction preventing foreclosure granted to prevent adverse affect on debtor's reorganization.
Procedural posture
A hearing was held concerning debtor's request for an 11 U.S.C.S. § 105(a) injunction against a creditor (bank) to enjoin it from foreclosure against the collateral of certain non- debtor guarantors of debtor's obligation to the bank.
ABI Membership is required to access the full summary of In re Linda Vista Cinemas LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: