Cassel v. Globerson (In re Kolb)
Jan
26
2007
Ruling
Order for distribution of trust proceeds that were property of the estate by probate court that was not notified of bankruptcy did not provide a defense to trustee's action for wrongful distribution and conversion of assets.
Procedural posture
Chapter 11 trustee brought claims against successor trustees and sons of the debtor, alleging those defendants were jointly and severally liable for distributing and converting assets belonging to the bankruptcy estate. The trustee moved for partial summary judgment, and the successor trustees and sons moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
In re Qmeet Inc.
Jan
25
2007
Ruling
Confirmation of election of permanent trustee denied as not requested by creditors holding sufficient amount of claims.
Procedural posture
An interim trustee was appointed in debtor's bankruptcy case. At a continued meeting of creditors, the election of a permanent trustee was requested under 11 U.S.C. § 702. The validity of the election was contested. The U.S. Trustee filed a report of a disputed election of a chapter 7 trustee. An motion to confirm the election was filed by an administrative creditor. The motion was opposed by the interim trustee and an equity holder in debtor.
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Court
:
- 11 U.S.C.
In re Dimas LLC
Dec
29
2006
Ruling
Compensation denied for services described in insufficient detail and services that did not benefit estate.
Procedural posture
The special counsel for a chapter 11 debtor filed an application, pursuant to 11 U.S.C. § 330, for a final allowance of compensation and expense reimbursement.
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Court
:
- 11 U.S.C.
Taxel v. Chase Manhattan Bank (In re Deuel)
Dec
28
2006
Ruling
Trustee could recover property free and clear as bono fide purchaser for value where deed of trust securing bank loan had not been recorded.
Procedural posture
Appellant chapter 7 trustee sought review of a decision of the Bankruptcy Court for the Southern District of California, which denied the trustee's motion for summary judgment and granted the cross-motion of appellee bank. The bank had filed a motion to quiet title to a deed of trust in the debtor's real property. The trustee sought to recover the property for the estate pursuant to 11 U.S.C. § 544(a)(3).
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In re Elliott-Cook
Dec
20
2006
Ruling
Stay continued in debtor's second chapter 13 case due to sufficient evidence to overcome presumption of bad faith.
Procedural posture
A chapter 13 debtor filed an uncontested motion for continuation of the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3).
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Court
:
- 11 U.S.C.
Kendall v. Carbatt (In re Carbatt)
Dec
19
2006
Ruling
Transfer of marital home to former spouse for reasonably equivalent value was not avoidable nor was subsequent transfer from former spouse to her mother.
Procedural posture
Chapter 7 trustee sought to avoid the prepetition transfer by debtor to defendant ex-wife of his interest in their family home and in an unsecured promissory note pursuant to 11 U.S.C. §§ 548(a) and 544(b). He also sought to recover the transfers or their value from the wife pursuant to 11 U.S.C. § 550(a)(1) and with respect to his interest in the house, from defendant, the wife's mother, as a subsequent transferee pursuant to section 550(a)(2).
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Court
:
- 11 U.S.C.
In re Pak
Dec
14
2006
Ruling
Confirmation denied due to debtor's failure to commit all projected disposable income to plan.
Procedural posture
A debtor sought confirmation of his amended chapter 13 plan, but the trustee and an unsecured creditor objected to the confirmation. The debtor contended that the plan should be confirmed because the payments constituted more than his "projected disposable income" under 11 U.S.C. § 1325(b)(1)(B).
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Court
:
Locke v. Perpinan (In re Perpinan)
Dec
04
2006
Ruling
Discharge denied due to debtor's concealment of proceeds of sale of home from creditors.
Procedural posture
Plaintiff trustee commenced an adversary proceeding to deny defendant debtor a discharge for concealing the proceeds of the sale of his home and for turnover of the remaining proceeds.
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Court
:
In re Gutierrez
Dec
01
2006
Ruling
Debtor's former attorney ordered to disgorge fees due to failure to comply with BAPCPA provisions for Bankruptcy Truthfulness Notice or fee agreements.
Procedural posture
Chapter 7 debtor filed a motion, seeking an order compelling his former bankruptcy attorney to disgorge pursuant to 11 U.S.C. § 526(c) all monies received in connection with his representation of debtor.
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Court
:
- 11 U.S.C.
In re Storek
Nov
27
2006
Ruling
State court action based on real estate dispute brought by debtor's family fifteen years after discharge violated discharge injunction.
Procedural posture
A debtor reopened his chapter 7 bankruptcy case following his discharge on the ground that a state court action instituted against him by his mother and his brothers violated the discharge under 11 U.S.C. § 524(a)(2).
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Court
: