per curiam

Ramos Delgado v. Sanchez Ramos (In re Ramos Delgado)

Appellant debtor challenged an order from the Bankruptcy Court for the District of Puerto Rico, which overruled his objection to a claim of priority under 11 U.S.C. § 507(a)(8)(A)(i) for income taxes imposed by the Commonwealth of Puerto Rico for calendar year 2001.
Ruling: 
Claim for taxes last due within three years of petition properly held to be priority claim.
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Musso v. Ostashko

In a chapter 7 case, appellant trustee filed an adversary proceeding against appellee, the debtor's ex-wife. The wife sought a declaration that the marital assets were not property of the bankruptcy estate and that she was entitled to them by a state matrimonial court judgment. The bankruptcy court found in favor of the trustee, but the District Court for the Eastern District of New York reversed. The trustee sought review.
Ruling: 
Matrimonial assets were estate property where divorce judgment was docketed after filing date due to trustee's status as hypothetical lien creditor.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Bridgeport Tank Trucks v. Lien Agent (In re EnRe LP)

Appellants, various secured lienholder creditors of a chapter 11 debtor, filed a motion in a bankruptcy court seeking to recover attorneys'fees and costs in connection with their oversecured claims under former 11 U.S.C. § 506(b). The creditors appealed after the District Court for the Southern District of Texas upheld the bankrutpcy court's order denying their motion.
Ruling: 
Judgment denying creditors contractual attorneys'fees and costs was affirmed since creditors'claims were made under state lien law not security agreements authorizing fees.
Court: 5th Circuit ( ) [ Circuit Court ]
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United States v. Shultz (In re Shultz)

Appellant United States, sought review of a decision of the Bankruptcy Court for the Northern District of Ohio, which denied the motion of the United States, filed through the IRS for relief from the automatic stay. Appellee debtors had sought relief under chapter 13, and the IRS's motion was not filed until after confirmation of the debtors'plan.
Ruling: 
IRS was denied postconfirmation relief from automatic stay since the IRS had not objected to the plan or shown postconfirmation activity warranting removal of stay.
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Gonzalez-Ruiz v. Doral Fin. Corp. (In re Gonzalez-Ruiz)

Appellant debtors challenged the Bankruptcy Court for the District of Puerto Rico's orders granting appellee creditor authority to proceed with a foreclosure sale of the debtors'residence, dismissing the debtors'fourth chapter 13 bankruptcy case, granting the creditor in rem relief from the automatic stay, barring the debtors from filing another bankruptcy petition, and denying the debtors'motion for reconsideration.
Ruling: 
Court ruled that the bankruptcy court's order prohibiting debtors, who were serial filers and had attempted to refile to circumvent orders in their prior case, from making future filings.
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Colton v. Verola (In re Verola)

Appellant debtor filed a bankruptcy action under chapter 7, and sought a determination that a state court's order requiring him to pay restitution to fraud victims was dischargeable under 11 U.S.C. § 523(a)(7). The bankruptcy court found that the state court's order was dischargeable, but the District Court for the Southern District of Florida reversed that judgment. The debtor appealed.
Ruling: 
Court affirmed that debtor's restitution obligation imposed by a state as part of a criminal sentence was not dischargeable.
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Foust v. Educ. Res. Inst. Inc. (In re Foust)

In an adversary proceeding, plaintiff debtor sought to discharge student loans owed to defendant creditor on the grounds that repayment of the loans would pose an undue hardship pursuant to 11 U.S.C. § 523(a)(8). The creditor appealed the decision of the Bankruptcy Court for the Western District of Tennessee.
Ruling: 
Court reversed finding of undue hardship and thus the debtor's student loan debt was not discharged.
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OBrien v. Ravenswood Apts. Ltd. (In re Ravenswood Apts. Ltd.)

Appellants, a trustee and related parties, challenged a decision of the Bankruptcy Court for the Southern District of Ohio, which denied their motion, pursuant to 11 U.S.C. § 365, to compel appellee debtor to make payments under a land installment contract and to assume or reject the contract within a specified time period.
Ruling: 
Appellate panel held that a land installment contract was executory because the trustee continued to hold legal title under the contract and had a future obligation to convey that title, and a material breach by the debtor would excuse the trustee's future obligation to convey legal title.
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Enron Corp. v. The New Power Co. (In re The New Power Co.)

Plaintiff, holder of an equity interest in debtor, challenged the District Court for the Northern District of Georgia's affirmance of the bankruptcy court's confirmation of the Second Amended Plan ("SAP") submitted by defendants, debtor, et al., in their chapter 11 reorganization.
Ruling: 
Chapter 11 plan confirmation was affirmed since the modifications in the second amended plan were not material and adverse to the creditor's interests and, thus, the court could reasonably consider the creditor's vote in favor of the first amended plan as a vote for the second amended plan.
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In re Armstrong World Indus.

Appellant debtor corporation and two of its subsidiaries filed a chapter 11 petition for bankruptcy. An unsecured creditors committee filed objections to the bankruptcy court's proposed findings and conclusions with the district court. The district court denied confirmation of the bankruptcy reorganization plan. The debtor corporation appealed.
Ruling: 
Debtor corporation was denied confirmation of its chapter 11 reorganization plan because the plan's distribution of warrants to equity interest holders over the objection of a class of unsecured creditors violated the absolute priority rule.
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