- 11 U.S.C.
In re King
Nov
13
2007
Ruling
Prepetition collection proceedings nullified by confirmed plan.
Procedural posture
Following the confirmation of debtors'chapter 13 plan, a creditor filed a motion for an award of garnished funds, seeking to reduce the garnishments to judgment against the debtors and to reduce to judgments his claims to the stock in the debtors'former law firm.
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Court
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In re Turner-Dunn Homes Inc.
Nov
01
2007
Ruling
Trustee allowed 3% surcharge for services in selling debtor's property for $29 million.
Procedural posture
Debtor corporation filed a petition under chapter 11, and a trustee was appointed to represent the bankruptcy estate. The trustee sold property belonging to the debtor for $29 million, and he filed a motion seeking the court's permission to collect a surcharge in the amount of $895,000 against secured creditors, pursuant to 11 U.S.C. § 506(c). The creditors filed objections to the trustee's motion.
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Court
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In re Garcia
Sep
11
2007
Ruling
Above-median debtor's case dismissed for substantial abuse where debtor did not have loan or lease payments on vehicle and could not take deduction.
Procedural posture
The United States trustee moved to dismiss the debtor's chapter 7 petition, based on an alleged presumption of abuse, pursuant to 11 U.S.C. § 707(b). The debtor objected, asserting she was allowed to take the "applicable" IRS Local Standards monthly deduction of $471 for her paid-off 1996 Buick Century, while the trustee contended she was only entitled to deduct $200 per month for the vehicle.
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Court
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In re Engram
Aug
01
2007
Ruling
Debtor's brother's attorney sanctioned for failure to turn over funds to trustee as required by settlement.
Procedural posture
A debtor filed a petition under chapter 13, and the case was subsequently converted to one under chapter 7. A bankruptcy trustee was appointed, and he sought approval of an agreement the debtor entered to settle a state court action he filed against his brother. After the court approved the agreement, the trustee filed a motion to set aside the agreement and for sanctions against the brother's attorney.
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Court
:
- 11 U.S.C.
In re Zukowsky
Jun
28
2007
Ruling
Claims filed after deadline could be paid by trustee after timely filed claims but before any payment to debtors where debtor's inheritance provided sufficient funds.
Procedural posture
Debtors filed a petition under chapter 7, and a trustee was appointed to manage the bankruptcy estate. The debtors filed an objection to the trustee's proposed distribution of assets to creditors, and to the manner in which the trustee calculated his fee.
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Court
:
In re Corbin
Apr
26
2007
Ruling
Confirmation denied as not proposed in good faith due to unnecessarily favorable treatment of secured creditor.
Procedural posture
An unsecured creditor objected to confirmation of a debtor's amended chapter 13 plan. The creditor filed a motion to convert the case to chapter 7.
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Court
:
- 28 U.S.C.
In re Bach
Feb
02
2007
Ruling
Court had no authority to waive fees in case converted to chapter 7 from chapter 11.
Procedural posture
The debtors filed motions to reinstate their dismissed chapter 7 cases, to alter the statutory filing fee requirements, and to waive their filing fees.
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Court
:
- 11 U.S.C.
In re Greene
Jan
24
2007
Ruling
Plan confirmation was binding on trustee who had filed but never acted upon "conditional objections" to debtors'objections.
Procedural posture
In each of eight chapter 13 cases, the chapter 13 trustee filed "conditional objections to exemptions." The plans in each of the cases were confirmed. The issue was the legal effect of the confirmed chapter 13 cases upon the unresolved objections to exemptions.
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Court
:
Cedar Funding Inc. v. Bach (In re Bach)
Jan
05
2007
Ruling
Relief from stay granted where debtor had no chance of filing feasible plan within reasonable time.
Procedural posture
In a chapter 11 proceeding, movant creditor, a holder of a second consensual lien on certain commercial property, moved for relief from the automatic stay under 11 U.S.C. § 362(d). Debtor had filed no plan of reorganization. Debtor and her husband, who had filed his own separate chapter 11 proceeding, submitted a proposal for purchase of the property. The proposal was inadequate to pay debtor's unsecured creditors.
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Court
:
In re Berman
Nov
28
2006
Ruling
Waiver of credit counseling requirement denied absent exigent circumstances.
Procedural posture
The debtor filed motions seeking: (1) to extend the time to file schedules; (2) to be relieved of the credit counseling requirements of 11 U.S.C. § 109(h); and (3) to transfer the case to another judge, pursuant to 28 U.S.C. § 455.
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Court
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