In re TVIA Inc.
Sep
11
2009
Ruling
Fee application allowed with reductions for charges for clerical tasks, excessive time and duplicative work.
Procedural posture
Movant law firm filed a fee application under 11 U.S.C.S. § 330(a) seeking payment of $277,144 for fees and expenses incurred as counsel for a committee of equity security holders. The court issued a tentative ruling indicating its intent to disallow $ 87,713 in fees for various reasons, and then conducted a hearing to further examine the issue.
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Court
:
- 11 U.S.C.
In re Straightline Invs. Inc.
Sep
08
2009
Ruling
Attorney for chapter 11 estate allowed fees less unaccounted for retainer.
Procedural posture
Before the court were applications for compensation by the attorney for the bankruptcy estate ("Attorney A") while debtor was debtor in possession pursuant to 11 U.S.C.S. § 1107. Also pending were the application of the chapter 7 trustee and her counsel.
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Court
:
- 11 U.S.C.
In re Halbrook
Aug
27
2009
Ruling
Objection to confirmation based on outstanding child support overruled where creditor had not filed an adversary proceeding to determine dischargeability.
Procedural posture
Creditor, the debtor's former husband, filed an objection to confirmation of the debtor's chapter 13 plan, asserting he was owed back child support and an additional $15,000 from a sanction award.
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Court
:
- 11 U.S.C.
Greenspan v. Orrick Herrington & Sutcliffe LLP (In re Brobeck Phelger & Harrison LLP)
Jul
02
2009
Ruling
Partners' waiver of profits from unfinished business of dissolved law firm was valid but could be challenged as fraudulent.
Procedural posture
Plaintiff bankruptcy trustee brought adversary proceedings against defendants, former partners in bankruptcy debtor, a law firm partnership, and the partners' new firms, alleging that the partners' waiver of the partnership's right to profits from unfinished business was invalid, and that the waiver effected an actual or constructive fraudulent transfer. The trustee and the partners and the firms cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Saigon Plaza Assn LLC
Mar
24
2009
Ruling
Relief from stay to proceed with foreclosure granted where debtor's second proposed plan was severely deficient.
Procedural posture
Before the court was debtor's first amended disclosure statement with regard to debtor's second amended plan. Objections to the disclosure statement were filed by a first priority deed of trust holder, the second deed of trust holders, and an interest holder of debtor. Also before the court was a motion for relief from the 11 U.S.C.S. § 362 automatic stay filed by the priority deed of trust holder so that it could proceed with a foreclosure sale.
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Court
:
John Richards Homes Bldg. Co. LLC v. Adell (In re John Richards Homes Bldg. Co. LLC)
Mar
12
2009
Ruling
Appeal of denial of additional damages for debtor's filing involuntary petition against creditor in bad faith was not barred by res judicata after similar proceeding in another district court was dismissed.
Procedural posture
Appellee, a judgment debtor, moved for partial dismissal of appellant judgment creditor's challenge to an order of the United States Bankruptcy Court for the Eastern District of Michigan that denied the creditor's request for additional punitive damages based on the judgment debtor's post-award conduct. The judgment debtor argued that res judicata or collateral estoppel in a Florida case between the parties precluded the appeal.
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Court
:
- 11 U.S.C.
In re R. Ring Enters.
Feb
19
2009
Ruling
Leases that debtor proposed to assume were not deemed rejected after 120 days when confirmation of timely filed chapter 11 plan was still pending.
Procedural posture
A debtor filed for relief under chapter 11. A landlord moved for an order requiring the debtor to surrender and vacate a premises on the ground that the debtor's prepetition premises leases were terminated by operation of 11 U.S.C.S. § 365(d)(4).
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Court
:
- 11 U.S.C.
Razmek v. Pollace (In re Pollace)
Feb
19
2009
Ruling
Debtor's real estate agents' false representation to home buyers that deck did not violate setbacks resulted in nondischargeable debt.
Procedural posture
Creditors filed an adversary proceeding seeking a nondischargeable judgment against debtors for fraud, pursuant to 11 U.S.C.S. § 523(a)(2).
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Court
:
In re Lamug
Feb
18
2009
Ruling
Case dismissed where totality of circumstances showed debtors had ability to pay substantial portion of debt.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Militante
Feb
06
2009
Ruling
Dealer's right to redeem vehicle was not precluded by failure to file proper statement of intention provided debtor paid proper value to secured creditor.
Procedural posture
When, in his chapter 7 case, debtor filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a vehicle by paying the secured creditor a stated amount, the creditor opposed the requested relief, asserting that debtor should be required to pay a larger sum to redeem the vehicle and also asserting that the motion to redeem was untimely based on debtor's failure to timely file a proper statement of intention (SOI) as required by 11 U.S.C.S. § 521.
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Court
: