Reichardt v. Valley Health Sys. Ret. Plan (In re Valley Health Sys.)
Jul
24
2015
Ruling
Abstention and remand of beneficiaries' claims against the administrator of debtor's retirement plan not warranted.
Issue(s)
Should bankruptcy court abstain from hearing beneficiaries' claims against administrator of debtor's retirement plan?
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Court
:
- 11 U.S.C.
Templeton v. Milby (In re Milby)
Mar
02
2015
Ruling
Trustee could not avoid transfers after the limitations period had expired absent equitable tolling.
Issue(s)
Were trustee's avoidance claims barred by the statute of limitations in § 546 (a)(1)?
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Court
:
Prime Healthcare Mgmt. v. Valley Health Sys. (In re Valley Health Sys.)
Apr
08
2010
Ruling
Health care district's amended chapter 9 plan confirmed over objections.
Procedural posture
Debtor, a California Local Health Care District, filed a petition under chapter 9 of the Bankruptcy Code and asked the court to confirm its First Amended Plan for the Adjustment of Debts, pursuant to 11 U.S.C.S. § 943(b). Petitioners, several corporations and individuals who filed actions in state court to block the debtor from selling its assets to a Delaware health care management company, filed objections to the debtor's plan.
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Court
:
- 11 U.S.C.
Symantex Corp. v. Mann (In re Mann)
Jul
06
2009
Ruling
Software distributor's claim for damages under Copyright and Lanham Acts was nondischargeable.
Procedural posture
Plaintiff software distributor sought a judgment determining that the debt owed by defendant debtor to it was nondischargeable under 11 U.S.C.S. § 523(a)(6). The matter was pending decision following trial.
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Court
:
Hays v. Ransbury (In re Ransbury)
Mar
23
2009
Ruling
Dischargeability proceeding dismissed where creditor did not prove intentional misrepresentation in state court.
Procedural posture
Debtors moved for summary judgment against creditors, seeking the dismissal of their adversary complaint, which sought to establish the nondischargeability, under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6), of their claim against the debtors for fraud, misrepresentation, and breach of contract related to the sale of debtors' residence to the creditors.
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Court
:
- 11 U.S.C.
In re Diamond Exec. Office Suites & Virtual Offices LLC
Mar
13
2009
Ruling
Relief from stay granted to allow enforcement of stipulation after debtor's default.
Procedural posture
After the debtor filed a chapter 11 petition, the debtor and creditor entered a stipulation that permitted the debtor to use certain rents and profits derived from a real property that constituted the creditor's cash collateral. When the debtor failed to pay invoices for attorney's fees and costs as provided in the stipulation, the creditor declared a default and sought relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d)(1).
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Court
:
- 11 U.S.C.
In re Reyes
Feb
26
2009
Ruling
Debtor could not deduct secured debt payments on vehicle intended for surrender.
Procedural posture
The debtors sought confirmation of their proposed chapter 13 plan. The chapter 13 trustee objected to the debtors' calculation under 11 U.S.C.S. § 707(b)(2)(A)(iii) of a secured debt deduction attributable to a junior lien on the debtors' principal residence, which they intended to treat as unsecured and strip in conjunction with confirmation, and the amount of a vehicle ownership allowance claimed under the I.R.S.'s local standards.
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Court
:
- 11 U.S.C.
In re Valley Health Sys.
Feb
20
2008
Ruling
Health care district was eligible under chapter 9 despite failure to negotiate plan of adjustment which would have been impracticable.
Procedural posture
Debtor, a California health care district, filed a petition under chapter 9 of the Bankruptcy Code. A bank that held bonds issued by the district filed an objection to the district's petition, claiming that the district was ineligible for relief under chapter 9, and two unions also filed an objection which asked that the court reject any premise that the bankruptcy resulted from the district's obligations to its employees.
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Court
:
In re Perrine
Apr
13
2007
Ruling
Debtor's attorney ordered to disgorge undisclosed fees received within one year of petition date in contemplation or in connection with bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling attorneys for debtor to disgorge undisclosed fees received by them within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case. Debtor's attorneys objected to the disgorgement of fees.
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Court
:
- FRBP
In re Perrine
Mar
23
2007
Ruling
Debtor's attorneys ordered to turn over property transferred by debtor in contemplation of bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling debtor's two attorneys and their law firm to disgorge undisclosed fees received within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case.
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Court
: