In re SONICblue Inc.
Dec
29
2009
Ruling
Purchaser of creditor's claim allowed administrative expense claim incurred in successful challenge to special litigation counsel's fee application.
Procedural posture
Movant, a claim holder by purchase of a creditor's claim, sought an additional $ 300,000 in fees and expenses as an allowed an administrative claim pursuant to 11 U.S.C.S. § 503(b)(3) and (4), incurred in challenging an application for a final award of compensation from a law firm that had served as special litigation counsel for certain matters. The claim holder had revealed deficiencies in the special litigation counsel's performance.
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Court
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In re Quail Lake Estates Assocs. LP
Dec
23
2009
Ruling
Chapter 11 case dismissed due to debtor's failure to pay delinquent property taxes as required by plan.
Procedural posture
A transferee of a creditor's claim (transferee) filed a motion to dismiss a chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b). The debtor opposed the motion and contended that the transferee lacked standing to bring the motion to dismiss.
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Court
:
- 11 U.S.C.
Heung Ser Park v. Son (In re Son)
Dec
15
2009
Ruling
Entire amount of state court judgment arose out of debtor's fraudulent conduct and was nondischargeable.
Procedural posture
Creditor moved for summary judgment seeking a determination that all the elements of non-dischargeablility under 11 U.S.C.S. § 523(a)(2) had been established in a state court decision. The court granted the motion in part, determining that the judgment established all issues related to non-dischargeability except one. The matter as to how defendant debtor's misrepresentations caused the damages awarded was pending decision after trial.
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Court
:
- 11 U.S.C.
Warner v. Reiter (In re Reiter)
Dec
10
2009
Ruling
Failure to disclose award against creditor that had been reversed at time of filing was not grounds for denial of discharge.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking revocation of the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) based on the debtor's fraud in failing to disclose the debtor's claim against the creditor as an asset. The debtor moved to dismiss the creditor's complaint.
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Court
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Bertuccio v. California State Contractors License Bd. (In re Bertuccio)
Oct
15
2009
Ruling
Debtor's attorneys' fees and costs incurred with regard to creditor's violation of stay were not recoverable.
Procedural posture
With respect to debtor's action for damages for violation of the automatic stay, the issue before the court was whether the debtor should be awarded his attorneys' fees and costs as actual damages under 11 U.S.C.S. § 362(h).
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Court
:
- 11 U.S.C.
Waag v. Permann (In re Waag)
Oct
14
2009
Ruling
Wrongful death claim was not required to be based upon a prepetition judgment.
Procedural posture
Appellee survivors filed an adversary proceeding against appellant chapter 13 debtor, seeking a judgment that a claim they filed against the debtor's bankruptcy estate was nondischargeable under 11 U.S.C.S. §§ 523(a)(6) and 1328(a)(4). The United States Bankruptcy Court for the District of Oregon denied the debtor's motion to dismiss, and the debtor filed an interlocutory appeal.
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Court
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Judge or Jurisdiction information not available
In re Shearin Family Invs. LLC
Oct
13
2009
Ruling
Creditors entitled to specific performance of condominium sale agreement with debtor.
Procedural posture
The chapter 11 debtor, a condominium developer, and creditor purchasers filed cross-motions for summary judgment regarding claims filed by the purchasers representing their contracts with the debtor for purchase of condominium units.
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Court
:
- 11 U.S.C.
Yarnall v. Martinez (In re Martinez)
Oct
05
2009
Ruling
Debtors could not claim expenses for payments on junior liens that would be "stripped off" under plan.
Procedural posture
In calculating projected disposable income for purposes of their plans, appellee bankruptcy debtors claimed expenses for junior liens against their residences which were stripped off as wholly unsecured. Appellant bankruptcy trustee sought review of the orders of the Bankruptcy Court for the District of Nevada which overruled the trustee's objections to confirmation of the plans and confirmed the plans.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
American Express Bank v. Smith (In re Smith)
Oct
05
2009
Ruling
Debtors could not claim expenses for payments on vehicles and house intended for surrender.
Procedural posture
In calculating projected disposable income under their plan, appellee bankruptcy debtors claimed expenses for two houses and a vehicle which the debtors intended to surrender to secured creditors. Appellants, the bankruptcy trustee, the U.S. Trustee, and a creditor, appealed the interlocutory order of the Bankruptcy Court for the Western District of Washington which overruled their objections to confirmation of the debtors' plan.
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Court
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Judge or Jurisdiction information not available
In re Pacific Rollforming LLC
Sep
30
2009
Ruling
Involuntary case dismissed where one petitioning creditor acquired a claim solely to join the petition and in best interests of debtor and creditors.
Procedural posture
In a contested involuntary chapter 7 case, the debtor opposed entry of an order for relief on the ground that one or more of the petitioning creditors was not a qualified petitioner. Alternatively, the debtor contended that the court should abstain from proceeding with the case because abstention would be in the best interests of the debtor and its creditors.
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Court
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