Wells Fargo Fin. Acceptance v. Rodriguez (In re Rodriguez)
Aug
28
2007
Ruling
Bankruptcy court improperly denied creditor's deficiency claim secured by motor vehicle.
Procedural posture
Appellee bankruptcy debtor proposed a chapter 13 plan which provided that the debtor's vehicle would be surrendered to appellant creditor secured by the vehicle in full satisfaction of the creditor's claim. The creditor appealed the orders of the Bankruptcy Court for the Western District of Washington which disallowed the creditor's claim and overruled the creditor's objection to the debtor's plan.
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Court
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Judge or Jurisdiction information not available
In re McKinney
Aug
27
2007
Ruling
Court could require trustee to submit records to support application for "reasonable" fee.
Procedural posture
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.
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Court
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In re Roman Catholic Bishop of San Diego
Aug
24
2007
Ruling
Actions alleging sexual abuse by clergy of debtor diocese remanded to state court.
Procedural posture
Plaintiffs in 42 of the approximately 127 removed child sexual abuse adversary proceedings against defendant chapter 11 debtor filed motions to remand the proceedings to state court pursuant to 28 U.S.C. § 1452(b).
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Court
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Brown & Cole Stores LLC v. Associated Grocers Inc. (In re Brown & Cole Stores LLC)
Aug
17
2007
Ruling
Administrative priority claim which arose prepetition was subject to setoff.
Procedural posture
Appellee creditor claimed administrative priority under 11 U.S.C. § 503(b)(9) for the value of goods received by appellant bankruptcy debtor, a grocery store chain, within 20 days of the debtor's bankruptcy, and the debtor claimed a right of setoff under 11 U.S.C. § 553(a). The debtor appealed the judgment of the Bankruptcy Court for the Western District of Washington which allowed the administrative claim and denied setoff.
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Court
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Judge or Jurisdiction information not available
Sanders v. Quan Ky Hang (In re Hoa Ky Hang)
Aug
16
2007
Ruling
Contstructive trust imposed on house purchased by debtor's son with proceeds of sale of house preferentially transferred to him by debtor.
Procedural posture
Plaintiff, the chapter 7 trustee, sought to avoid the transfer of the debtor's former residence and the proceeds from the refinancing and sale thereof, pursuant to 11 U.S.C. § 544(b), to impose liability upon the defendant transferee, the debtor's son, under 11 U.S.C. § 550. The son's defense was that he gave reasonably equivalent consideration in exchange for the transfer.
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Court
:
- 11 U.S.C.
In re Maya
Aug
14
2007
Ruling
Case ordered converted or dismissed where debtors would have disposable income after surrender of property on which payments were claimed in means test.
Procedural posture
The United States Trustee moved to dismiss or convert the debtors'chapter 7 petition pursuant to 11 U.S.C. § 707(b)(2) and as presumptively abusive for failing the means test calculation of their listed expenses, or alternatively under the totality of the circumstances under 11 U.S.C. § 707(b)(3)(B).
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Court
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In re Hill
Aug
07
2007
Ruling
Court declined to dismiss case that debtor could not complete in five years to serve best interests of debtor and creditors.
Procedural posture
Chapter 13 trustee filed motions in two bankruptcy cases to dismiss the cases on the grounds that they had exceeded 60 months in length.
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Court
:
- 11 U.S.C.
In re Newman
Aug
06
2007
Ruling
Bankruptcy petition preparer's presentation of worksheet containing legal advice to debtor violated Bankruptcy Code.
Procedural posture
A debtor filed a petition under chapter 7, and she asked the court to waive her filing fee. The court noticed errors in the schedules the debtor submitted, and it ordered a person who prepared those schedules to appear so it could determine if she engaged in the unauthorized practice of law.
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Court
:
- 11 U.S.C.
In re Da Silva
Jul
27
2007
Ruling
Treble damages imposed on petition preparer who failed to make proper disclosures and provided improper advice.
Procedural posture
A U.S. Trustee sought an order imposing a fine pursuant to 11 U.S.C. § 110(l) against the preparer of a debtor's chapter 7 bankruptcy petition.
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Court
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In re Running Horse LLC
Jul
10
2007
Ruling
Firm that represented creditor in acquisition of debtor was not disinterested and could not represent debtor or real estate and transactional matters.
Procedural posture
Chapter 11 debtor filed an application to employ a law firm as special counsel pursuant to 11 U.S.C. § 327(e). The United States Trustee objected.
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Court
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