- 11 U.S.C.
Burks v. Bailey (In re Bailey)
Aug
23
2013
Ruling
Debt was nondischargeable due to debtor's knowing, false representation on which creditor justifiably relied.
Issue(s)
Was debt nondischargeable due to debtor's violations of covenant not to compete, which was central to creditor's buyout agreement?
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Court
:
Gugino v. Wallace (In re Wallace)
Aug
22
2013
Ruling
Trustee awarded sanctions for debtor's disobeying of court orders to the extent not duplicating prior contempt order.
Issue(s)
Should debtors be subjected to sanctions in favor of trustee for disobeying court orders not to interfere with trustee's administration on grounds that the orders were "unfair."
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Court
:
- 11 U.S.C.
In re Hoyle
Jun
28
2013
Ruling
Debtor in converted chapter 7 case not entitled to exemption in preconversion earnings by chapter 11 debtor in possession.
Procedural posture
After a bankruptcy debtor's case was converted from chapter 11 to chapter 7, the debtor claimed an exemption in a portion of amounts in accounts of the debtor as a debtor-in- possession (DIP) prior to conversion as earnings for the debtor's personal services. The bankruptcy trustee objected to the exemption.
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Court
:
- FRBP
Wallace v. Hayes (In Wallace)
Feb
27
2013
Ruling
Sanctions imposed after dismissal of debtor's adversary proceeding was affirmed.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendants, and in prior rulings the court denied the debtor's request for an injunction, granted defendants' motion to dismiss the debtor's adversary proceeding, and granted defendants' motion for imposition of sanctions under Fed. R. Bankr. P. 9011. The debtor filed two pro se motions which asked the court to reconsider its rulings.
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Court
:
- 11 U.S.C.
In re Hart
Feb
26
2013
Ruling
Court declined to impose stay in debtor's third case in one year due to presumption of bad faith.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in January 2013, after two chapter 13 bankruptcy cases he filed in 2012 were dismissed, and he asked the court to impose the automatic stay on all creditors. A chapter 7 trustee who was appointed to administer the debtor's case and the United States, on behalf of the Internal Revenue Service ("IRS"), opposed the debtor's motion.
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Court
:
In re Marek
Feb
22
2013
Ruling
Case dismissed due to failure to make full disclosures and willful deception and concealment.
Procedural posture
Debtors declared chapter 13 bankruptcy two months after the court dismissed their chapter 12 bankruptcy case. Creditors filed a motion seeking an order under 11 U.S.C.S. § 1307(c) which converted the debtors' case to one under chapter 7 of the Bankruptcy Code or, in the alternative, which dismissed the debtors' case with prejudice pursuant to 11 U.S.C.S. § 349(a). The court held a hearing on the creditors' motion.
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Court
:
- FRBP
In re Robnett
Jan
24
2013
Ruling
Trustee's motion to approve compromise denied where notice to creditors was not adequate.
Procedural posture
Before the court was the chapter 7 trustee's Motion for Approval of Compromise. No objections to the Motion were filed.
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Court
:
In re Hoyle
Jan
17
2013
Ruling
Case converted to chapter 7 where debtor's third amended plan was not confirmable.
Procedural posture
The United States Trustee moved to dismiss or convert chapter 11 debtor's case, pursuant to 11 U.S.C.S. § 1112(b). Debtor moved for confirmation of a third amended plan of reorganization, to which the trustee and other parties objected. Debtor was a real estate investor and developer who had continued to operate aspects of his business during the case.
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Court
:
In re McKay
Jan
04
2013
Ruling
Case converted to chapter 7 given debtor's failure to file chapter 11 plan or disclosure statement by agreed upon deadline.
Procedural posture
Creditors filed a motion to dismiss a chapter 11 debtor's case under 11 U.S.C.S. § 1112(b) after the debtor failed to file a plan or disclosure statement by an agreed date. The debtor objection to the motion.
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Court
:
- 11 U.S.C.
In re Hart
Nov
23
2012
Ruling
Extension of stay denied due to presumption of bad faith.
Procedural posture
Debtor filed a second petition under chapter 13. Creditor, the Internal Revenue Service (IRS) sought to reduce to judgment certain outstanding federal tax liabilities assessed against him, and to foreclose certain federal tax liens on a parcel of real property. The debtor filed a motion to extend the automatic stay beyond the 30th day after the second petition was filed, under 11 U.S.C.S. § 362(c)(3). The IRS objected to that relief.
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Court
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