Arizona

Chao v. Morris

Plaintiff, the Secretary of Labor, filed a motion under Fed. R. Civ. P. 55(a) for entry of default in an action against defendants, an individual, a corporation, and a profit-sharing plan, under 29 U.S.C. § 1132(a) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. The individual and corporation subsequently filed notices of bankruptcy filings.
Ruling: 
ERISA enforcement action fell within regulatory exception to stay.
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Cedar Funding Inc. v. Bach (In re Bach)

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.
Ruling: 
Relief from stay granted where debtor had no chance of filing feasible plan within reasonable time.
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Micko v. Student Loan Fin. Corp. (In re Micko)

Plaintiff debtor filed a complaint for declaratory relief to determine the dischargeability of his student loan obligations to defendant creditor, a student loan financing corporation, under 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan did not need to be federally administered to be nondischargeable.
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In re Berman

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.
Ruling: 
Waiver of credit counseling requirement denied absent exigent circumstances.
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MCA Fin. Group Ltd. v. Hewlett-Packard (In re Fourthstage Techs. Inc.)

Trustee for the debtor's liquidating trust, sued creditor to recover payments made by the debtor pursuant to a settlement agreement. The trustee sought to set aside the payments as avoidable preferences under 11 U.S.C. § 547, alleging that the creditor was an insider of the debtor and the transfers were made within one year from the debtor's filing for bankruptcy. The creditor moved for summary judgment.
Ruling: 
Insider status sufficient to give rise to avoidance could not be based solely on creditor's superior bargaining position.
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In re Kush

Creditor, the former wife of chapter 7 debtor, filed a complaint seeking to have certain debt excepted from discharge pursuant to 11 U.S.C. § 523(a)(15).
Ruling: 
Tax indemnification obligation incurred in connection with divorce remained nondischargeable despite subsequent refinance.
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Warfield v. GMAC (In re Moore)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid the creditor's lien as an unauthorized postpetition transfer under 11 U.S.C. §§ 549 and 544(a). The trustee also moved to compel turnover of the proceeds of the creditor's sale of the vehicle.
Ruling: 
Trustee could avoid lien that did not fit within safe harbor provisions.
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Kelly v. Alter (In re Alter)

Plaintiff creditors, debtor's mother and stepfather, commenced an adversary proceeding against defendant debtor to determine whether a debt due and owing to them was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to which a monetary debt was nondischargeable to the extent obtained by false pretenses, a false representation, or actual fraud.
Ruling: 
Debtor's recording of deed of trust in favor of girlfriend was intended to defraud creditors and resulted in nondischargeable debt.
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In re Corporate & Leisure Event Prods.

State-court appointed receiver for chapter 11 debtor filed a motion to dismiss its bankruptcy case.
Ruling: 
State court receivership order could not bar debtor from availing self of exclusive bankruptcy court jurisdiction.
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Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.)

Plaintiff, a bankruptcy plan trustee, filed an adversary proceeding against defendants, an insurance company and its attorneys, for, inter alia, an injunction that would prevent defendants from proceeding with an action and arbitration in Bermuda, sanctions for violations of the Barton doctrine, and breach of contract. The matter was referred to a bankruptcy court. Defendants filed a motion to withdraw the reference to a bankruptcy court.
Ruling: 
Court declined to withdraw reference of proceeding seeking injunction preventing continuation of Bermuda arbitration proceeding.
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