- 11 U.S.C.
Ira v. Engle (In re Engle)
Dec
17
2008
Ruling
Dischargeability proceeding filed by group of creditors dismissed where each properly had separate causes of action.
Procedural posture
Plaintiff individual and representative creditors sued defendant chapter 11 debtor, seeking a declaration that certain debts were nondischargeable under 11 U.S.C.S. § 523, as well as a denial of discharge under 11 U.S.C.S. § 727. The debtor moved to dismiss the complaint, strike the creditors' exhibits, and for Fed. R. Civ. P. 11 sanctions. The creditors moved for leave to amend their complaint.
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Court
:
- 11 U.S.C.
In re Berry Good LLC
Dec
04
2008
Ruling
Chapter 11 debtor could not use postpetition loan proceeds to pay prepetition debt other than wages.
Procedural posture
Debtors filed petitions under chapter 11 of the Bankruptcy Code, and the cases were joined for administration. Debtors obtained permission to borrow $ 750,000 so they could conduct operations until the court approved a reorganization plan, and they proposed to pay a company (lender) that loaned them money postpetition, $ 288,000 on a pre-petition secured debt the lender was owed. The debtors'creditors filed objections.
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Court
:
- 11 U.S.C.
In re First Magnus Fin. Corp.
Jun
20
2008
Ruling
Creditors under Worker Adjustment and Retraining Notification Act (WARN) not entitled to administrative expense claims.
Procedural posture
Claimants, former employees of a debtor, sought to recover as a priority administrative expense under 11 U.S.C.S. § 503(b)(1)(A)(ii) wages for pre-petition services and attorneys'fees as damages pursuant to the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C.S. § 2101 et seq. The debtor and the Official Committee of Unsecured Creditors opposed the motion.
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Court
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In re Dana Corp.
Jun
19
2008
Ruling
Creditor whose proposals did not lead directly to global settlement not entitled to administrative expense claim.
Procedural posture
A creditor filed a motion for the allowance of an administrative expense claim, pursuant to 11 U.S.C.S. § 503(b)(3), (4), consisting of fees and expenses incurred in the debtors' chapter 11 cases. The United States Trustee and committee objected.
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Court
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In re First Magnus Fin. Corp.
Jun
12
2008
Ruling
Approved financial professional group not entitled to compensation in excess of court approved compensation.
Procedural posture
A corporate debtor filed a petition under chapter 11 of the Bankruptcy Code, and asked the court for approval to hire a financial group to help liquidate the debtor's bankruptcy estate. The court approved the debtor's request and entered an order awarding the financial group compensation. The financial group filed a motion which asked the court to reconsider its award.
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Court
:
- 11 U.S.C.
In re First Magnus Fin. Corp.
Feb
28
2008
Ruling
Hiring of professional to conduct court-approved sale aproved retroactively.
Procedural posture
An estate professional that failed to get court pre-approval for its services under 11 U.S.C.S. § 327 and Fed. R. Bankr. P. 2014 filed a motion under Fed. R. Civ. P. 59 to alter or amend the court's order rejecting its request for a commission.
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Court
:
- 11 U.S.C.
Marinkovic v. Sanders (In re Marinkovic)
Dec
05
2007
Ruling
Proceeds of sale of marital home that had been conveyed to trust were property of the estate.
Procedural posture
A chapter 11 claimed entitlement to one-half of the proceeds from the sale of his marital home, either as property that was not property of the bankruptcy estate or under California's homestead exemption statutes. The debtor's son claimed a lien against the proceeds.
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Court
:
- 11 U.S.C.
Ertel v. Educational Credit Mgmt. Corp. (In re Ertel)
Nov
29
2007
Ruling
Debtor who had worked at minimum wage for fourteen years granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
In re CardSystems Solutions Inc.
Nov
19
2007
Ruling
Confirmation denied due to improper creditor classifications and channeling injunction.
Procedural posture
Debtor, a credit card transaction processor, was a debtor in possession ("DIP"). It filed a motion seeking confirmation for its proposed chapter 11 liquidation plan.
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Court
:
In re Brei
Nov
14
2007
Ruling
Cramdown of purchase money motor vehicle loan on "910" vehicle prevented by operation of hanging paragraph.
Procedural posture
A bank objected to confirmation of a debtor's proposed chapter 13 plan under 11 U.S.C. § 1325(a).
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Court
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