In re Sterling Mining Co.
Jun
12
2009
Ruling
Possibility that granting of motion to dismiss might moot other issues and scheduled hearings was not grounds for shortening time for notice of hearing.
Procedural posture
A metals company moved to shorten the time for notice and hearing on its motion to dismiss the debtor's chapter 11 case to 10 days. The debtor, a party in interest, and another mining company objected to the motion to shorten the time.
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Court
:
- 28 U.S.C.
Allen v. Stewart (In re Allen)
Apr
28
2009
Ruling
Waiver of filing fee and request by debtor to proceed In Forma Pauperis denied.
Procedural posture
Plaintiff debtors commenced an adversary proceeding against defendants, several banks, a title company, and others. In conjunction with their second appeal, debtors filed another Motion for Leave to Proceed In Forma Pauperis. They also filed another Request for Transcripts, asking that they be relieved from paying the costs for preparation thereof.
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Court
:
- 11 U.S.C.
In re Cram
Apr
24
2009
Ruling
Although withdrawal from 401(k) was properly excluded from current monthly income calculation, confirmation was denied for failure to commit other income to plan.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. A trustee objected to the plan under 11 U.S.C.S. § 1325(b)(1)(B), because the debtors did not include a distribution they received from their 401(k) account when the calculated their current monthly income (CMI).
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Court
:
In re Jones
Apr
22
2009
Ruling
Motion for relief from stay in debtor's third chapter 13 case was moot as stay terminated when debtor failed to seek extension.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. A movant filed an amended motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(a), the debtor objected to the amended motion. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Gugino v. Canyon Fin. Of Boise Inc. (In re Green)
Mar
20
2009
Ruling
Trustee's interest in motorcycle as hypothetical judicial lien creditor was superior to that of creditor with unperfected security interest.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against creditor, seeking to avoid an asserted security interest in a motorcycle on the grounds that the security interest was unperfected when the debtors filed their chapter 7 bankruptcy petition, and thus avoidable under 11 U.S.C.S. § 544(a)(1). The court held a trial.
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Court
:
In re Schiemer
Mar
19
2009
Ruling
Real property deeded to creditor in lieu of foreclosure was not subject to stay.
Procedural posture
Under an agreement with a creditor, a bankruptcy debtor deeded farming real property to his parents who assumed the debtor's obligation to the creditor and, in lieu of foreclosure, the parents subsequently deeded the property to the creditor and the debtor conveyed equipment to the creditor. The creditor moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d) to allow the creditor to sell the property and equipment.
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Court
:
In re Sheridan
Mar
12
2009
Ruling
Motion for relief from stay denied where moving party failed to establish interest in homestead property and lacked standing.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and movant nominee filed a motion under 11 U.S.C.S. § 362(d), seeking relief from the automatic stay that was imposed when the debtors declared bankruptcy. The chapter 7 trustee filed an objection to the nominee's motion, claiming that the nominee failed to establish its interest in the property in question or its standing to seek stay relief.
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Court
:
- 11 U.S.C.
Gugino v. GMAC (In re Laursen)
Jun
26
2008
Ruling
Typographical error in certificate of title did not render security interest in motor vehicle avoidable as improperly perfected.
Procedural posture
Plaintiff trustee filed an adversary proceeding to avoid, pursuant to 11 U.S.C.S. § 544(a)(1), defendant creditor's security interest as unperfected when the debtor filed the chapter 7 petition.
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Court
:
In re Smitty Inv. Group LLC
May
16
2008
Ruling
Confirmation denied for lack of feasibility due to debtor's lack of a reliable source of income.
Procedural posture
A corporate debtor filed a petition under chapter 11 of the Bankruptcy Code and a plan for repaying its creditors. An unsecured creditor filed an objection to confirmation of the plan, arguing that the plan should not be confirmed under 11 U.S.C.S. § 1129(a)(3) because it was not filed in good faith, and that it could not be confirmed under 11 U.S.C.S. § 1129(a)(11) because it was not feasible.
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Court
:
- 11 U.S.C.
In re Woods
Apr
24
2008
Ruling
Vehicle was property of the estate where alleged transfer was not completed under state law prior to the petition date.
Procedural posture
Debtors claimed an exemption in a vehicle. The chapter 7 Trustee objected to the debtors' claimed exemption and also sought turnover of the vehicle from purported buyers who had possession of the vehicle.
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Court
: