- 11 U.S.C.
In re Kirwan-Gadsby
Aug
11
2008
Ruling
Fees in converted chapter 7 case approved over objection where original chapter 11 filing had reasonable chance for success.
Procedural posture
A creditor objected to the fees requested by the chapter 7 debtor's counsel.
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- 11 U.S.C.
In re Gunn
Aug
11
2008
Ruling
Relief from stay denied as creditor could not offset postpetition obligation to debtor against debtor's prepetition debt.
Procedural posture
Movant creditor filed motion for relief from the automatic stay under 11 U.S.C.S. § 362(a)(7) so that it could exercise its state law right to offset commissions owed to respondent debtor against the creditor's pre-petition claim.
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In re Hayle
Aug
01
2008
Ruling
Motion to reconsider granting of relief from stay denied as moot where foreclosure had already taken place.
Procedural posture
A chapter 13 debtor filed motions to reconsider an order, which granted the creditors' motion to vacate the automatic stay under 11 U.S.C.S. § 362(a), to hear the motion to reconsider on shortened time.
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Protease Sciences Inc. v. Arriva Pharms. Inc. (In re Arriva Pharms. Inc.)
Aug
01
2008
Ruling
Claims based on vacated jury verdict and claims filed in violation of state court injunction were properly disallowed.
Procedural posture
Plaintiff appellants, alleged creditors of the debtor, challenged an order of the United States Bankruptcy Court for the Northern District of California, that denied relief in four separate appeals: the disallowance of a claim based on a vacated jury verdict; the dismissal of an adversary complaint for lack of standing; the disallowance of two proofs of claim allegedly filed in violation of an injunction issued in an Arizona state court action.
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- 11 U.S.C.
In re Gould
Jun
13
2008
Ruling
IRS denied modification of stay and not permitted to offset debtor's unpaid tax liabilities against refunds.
Procedural posture
The United States of America, for itself and on behalf of the Internal Revenue Service ("IRS), filed a motion to modify the automatic stay of 11 U.S.C.S. § 362 to permit it to offset, pursuant to 11 U.S.C.S. § 553, pre-petition income tax liabilities owed by the debtor against pre- petition income tax refunds.
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In re Roby
Jun
09
2008
Ruling
Late proof of claim allowed over debtor's objection in absence of prejudice.
Procedural posture
A debtor in a chapter 11 bankruptcy case filed an amended objection to a creditor's claim to the proceeds of the sale of the debtor's property.
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Court
:
- 11 U.S.C.
In re Comstock
Apr
30
2008
Ruling
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
Procedural posture
The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
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Court
:
- FRBP
Stasz vv. Gonzalez (In re Stasz)
Apr
15
2008
Ruling
Debtor sanctioned for failure to appear at hearing or produce documents.
Procedural posture
Appellant debtor challenged an order from the Bankruptcy Court for the Central District of California, which granted the motion of appellee trustee and found the debtor in civil contempt after she failed to appear and produce documents at a Fed. R. Bankr. P. 2004 examination. The bankruptcy court imposed sanctions against the debtor.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Sandifer
Apr
14
2008
Ruling
Filing by above median debtors living frugally in order to continue funding retirement accounts was not abusive.
Procedural posture
The U.S. Trustee asked the court to dismiss the chapter 7 case filed by debtors, a married couple, on the ground that debtors, by continuing to fund retirement accounts, had shown that their chapter 7 filing was abusive within the meaning of 11 U.S.C.S. 707(b)(3)(B).
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Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)
Apr
11
2008
Ruling
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
Procedural posture
Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.
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