Northern District

ATR-Kim Eng Capital Partners Inc. v. Bonilla (In re Bonilla)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt arose from a state court judgment in which found that the debtor, a corporate director, had breached his duty of loyalty to the creditor, a minority shareholder. The debtor moved to dismiss contending that a corporate director was not a "fiduciary"under section 523(a)(4).
Ruling: 
Director's complete failure to act to preserve corporate assets was fiduciary defalcation so that debt was nondischargeable.
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Commercial case opionion summary, case decided on October 16,2007, LexisNexis #1107-048

In re Craighead

The United States Trustee and the chapter 13 trustee filed motions to dismiss the chapter 13 bankruptcy case of the debtor as a bad faith filing under 11 U.S.C. §§ 1307(c) and 349(a), and also sought the imposition of a five-year bar to any refiling by the debtor. The debtor sought dismissal of the case also.
Ruling: 
Case filed twelve days after dismissal of prior case dismissed with three-year filing ban due to bad faith.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1207-017

In re Ly Chang

Before the court was the motion of the U.S. Trustee ("UST") to dismiss the bankruptcy case of debtor under 11 U.S.C. § 707(b)(1) as an abuse of the provisions of chapter 7.
Ruling: 
Debtor could deduct payments on debt secured b residence despite postpetition surrender.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1107-052

In re Burt

The chapter 7 trustee objected to the allowance of the claim of an attorney for the debtor.
Ruling: 
Attorney's $200,000 flat fee disallowed.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-095

Sramek v. Jacobsen (In re REJ Props.)

Plaintiff creditors filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 against counsel for defendant debtor. The creditors alleged that counsel filed the debtor's chapter 11 petition frivolously and for an improper purpose.
Ruling: 
Attorney's reliance on another attorney's opinion did not allow avoidance of responsibility for frivolous filing.
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Commercial case opionion summary, case decided on October 05,2007, LexisNexis #1107-023

In re Rains

A creditor filed an objection to confirmation of a chapter 13 plan filed by debtors. The creditor asserted that the proposed plan did not dedicate all of the debtors' projected disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Above-median debtors not allowed fixed allowance of any expense in excess of reasonably necessary actual expenses.
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Commercial case opionion summary, case decided on October 02,2007, LexisNexis #1107-018

In re Bateman

A chapter 13 trustee filed an objection to the confirmation of a plan filed by a debtor, alleging that the proposed plan did not dedicate all of the debtor's projected disposable income to the plan in accordance with 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Objection to plan sustained where debtor failed to devote all projected disposable income as declared on schedules.
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Consumer case opionion summary, case decided on September 21,2007, LexisNexis #1007-131

In re Vantage.com

A debtor petitioned for relief under chapter 12 and submitted a plan of reorganization. Three creditors objected to the plan, and one of the creditors filed a motion for dismissal, conversion, or removal of the debtor as a debtor in possession.
Ruling: 
Organic vegetable grower's case ordered converted to chapter 7 on grounds of bad faith.
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Commercial case opionion summary, case decided on September 13,2007, LexisNexis #1007-090

Clements v. Davis-Rice (In re Davis-Rice)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), (4) and (6). The creditor moved for summary judgment, contending that she was entitled to summary judgment under each of the subsections as a matter of collateral estoppel. The debtor also moved for summary judgment.
Ruling: 
Debtor's admitted fraud and larceny were willful and malicious and resulted in nondischargeable debt.
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In re McKinney

A debtor filed a petition under chapter 13. A chapter 13 trustee filed objections to the debtor's plan for repaying his creditors, and the court converted the case to one under chapter 7. Applicant chapter 7 trustee was appointed to manage the bankruptcy estate, and she filed an application for compensation after the debtor's creditors were paid. The debtor filed an objection to the application.
Ruling: 
Court could require trustee to submit records to support application for "reasonable" fee.
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Consumer case opionion summary, case decided on August 27,2007, LexisNexis #1007-038

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