Eleasser v. Cougar Crest Lodge LLC (In re Weddle)
Oct
05
2006
Ruling
Transfers to limited liability company was not an insider of debtor were not avoidable.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a limited liability company ("LLC") exclusively managed by a bankruptcy debtor's parent, alleging that the LLC was an insider of the debtors and thus the LLC's recordation of judgments against co-debtors constituted transfers within the preference period of 11 U.S.C. § 547(b). The trustee and the LLC cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Cadleway Props. Inc. v. Armstrong (In re Armstrong)
Oct
03
2006
Ruling
Only a portion of loan debt was nondischargeable due to conversion of collateral where creditor allowed debtor's business to continue post-default.
Procedural posture
Plaintiff creditor, the assignee of loan debt from a lender, brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that the creditor's judgment debt on the loans against the debtor as guarantor was not dischargeable under 11 U.S.C. § 523(a)(6) because the debtor's conversion of the creditor's collateral constituted willful and malicious injury to the creditor. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Steinhaus
Sep
01
2006
Ruling
Stay terminated 30 days after filing where debtor did not elect to either redeem or reaffirm debt secured by automobile.
Procedural posture
A creditor filed a motion to confirm termination of an automatic stay, compel surrender of a vehicle, and authorize foreclosure upon the vehicle in the debtors'chapter 7 case. The court held a hearing on the motion.
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Court
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In re Jayo
Jul
28
2006
Ruling
Misdemeanor conviction for converting cattle collateral was cause for conversion to chapter 7.
Procedural posture
The United States Trustee and creditors filed a motion to convert chapter 11 debtor's case back to a chapter 7 liquidation pursuant to 11 U.S.C. § 1112(b).
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Court
:
In re Astle
Mar
14
2006
Ruling
Debtors'proposed lien met requirements under section 366(b) and provided power company with adequate assurance of payment for postpetition services
Procedural posture
Debtors filed a family farmer chapter 12 bankruptcy petition in order to reorganize their dairy operation. Debtors moved for a determination of a utility deposit with respondent power company and for providing secured credit as assurance of payment pursuant to 11 U.S.C. § 366. At the hearing on the motion, the power company's counsel orally objected to the motion and to the type of assurance of payment debtors proposed.
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Court
:
In re Rodriguez
Dec
09
2005
Ruling
Debtors'case was dismissed since they failed to justify their request for a waiver of the credit counseling certification requirement.
Procedural posture
Debtors filed a voluntary joint bankruptcy petition under chapter 13. The debtors filed a request for waiver of timely filing of an 11 U.S.C. § 109(h) credit counseling certificate.
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Court
:
In re Weiss
Nov
02
2005
Ruling
Court granted creditor's motion for conversion to chapter 7 due to debtor's bad faith evidenced by misinformation and nondisclosures.
Procedural posture
A chapter 13 bankruptcy debtor supplied inaccurate or incomplete financial information even after amending the debtor's schedules several times. Creditors moved for conversion or dismissal of the debtor's petition pursuant to 11 U.S.C. § 1307(c) based on the debtor's bad faith in the bankruptcy proceedings and in the debtor's proposed plan of reorganization.
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Court
:
- 11 U.S.C.
In re Field
Oct
17
2005
Ruling
Plan confirmation was denied where the debtors had failed to file a motion to modify the plan and to demonstrate that the plan was feasible.
Procedural posture
Debtors proposed a second amended chapter 12 plan of reorganization for their farming operation. Two creditors objected, and the trustee in bankruptcy recommended confirmation of the plan only if its terms were altered.
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Court
:
- 11 U.S.C.
Purviance v. Region 1 Self Reliance Program (In re Purviance)
Jun
09
2005
Ruling
Court granted motion of state agency collector of unpaid child support establishing Canadian child support order as enforceable debt but ruled that material fact remained on whether it was deemed support under the Code.
Procedural posture
Plaintiff debtor filed a complaint against defendant, an agency of the state of Idaho charged with collecting unpaid child support, seeking an order declaring debts, which arose out of a Canadian child support order in favor of her former husband, dischargeable. The state filed a motion for summary judgment contending that the debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(5), the debtor filed a cross motion for summary judgment.
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Court
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