In re Johnson
Nov
07
2012
Ruling
Failure to attach necessary documents was not grounds for disallowance of proof of claim.
Procedural posture
The chapter 13 debtors filed an objection to a creditor's proof of claim because it lacked documentary proof as required by Fed. R. Bankr. P. 3001(c)(1).
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Court
:
- 11 U.S.C.
In re Root
Oct
19
2012
Ruling
Confirmation denied due to debtors' failure to establish that plan was fair and equitable to impaired claims.
Procedural posture
Chapter 11 debtors in possession filed an amended chapter 11 plan of reorganization (the Plan) and sought confirmation.
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Court
:
In re Hart Creek Ranch LLC
Jul
12
2012
Ruling
Creditor's postpetition fees and costs awarded with reduction for clerical services.
Procedural posture
Debtor LLC declared chapter 11 bankruptcy and operated its business as a debtor in possession. A creditor filed a claim in the amount of $945,046 against the debtor's bankruptcy estate, which included a request for payment of $30,827 in postpetition attorneys' fees and $26.90 in postpetition costs. The debtor filed an objection to the creditor's claim.
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Court
:
In re Doug Larsen Constr. Inc.
Jun
29
2012
Ruling
Second motion for extension of deadline for confirmation denied as untimely despite court's prior indication at earlier hearing that it would grant the motion.
Procedural posture
Debtor construction company filed a petition as a small business debtor under chapter 11 of the Bankruptcy Code, a plan for reorganizing its business, and a motion under 11 U.S.C.S. § 1129(e) seeking an extension of the deadline for confirming its plan. The United States Trustee ("UST") filed an objection to the debtor's disclosure statement, and after the court sustained the UST's objection the debtor filed a second motion under § 1129(e).
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Court
:
- 11 U.S.C.
In re Soto
Jun
08
2012
Ruling
Chapter 7 case dismissed due to debtor's ability to fund chapter 13 plan.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss a chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Genay-Wolf
Jun
07
2012
Ruling
Attorneys' and accountants' fees for services rendered prior to approval of engagement disallowed.
Procedural posture
After a chapter 7 trustee obtained court approval of employment of both an attorney and an accountant, he filed those professionals' applications for fees under 11 U.S.C.S. § 330.
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Court
:
- 11 U.S.C.
Kilgore Adventures LLC v. Marek (In re Marek)
Feb
23
2012
Ruling
State court award for fraud was entitled to full faith and credit and was nondischargeable.
Procedural posture
Judgment creditor, an LLC, filed an adversary proceeding against defendant debtors, seeking a determination that a judgment it obtained against the debtors in an Idaho court created a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditor filed a motion for summary judgment based upon the doctrine of issue preclusion.
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Court
:
In re Wallace
Jan
24
2012
Ruling
Debtor could not seek reinstatement of stay or a new stay to prevent foreclosure without filing an adversary proceeding.
Procedural posture
Debtors filed a joint voluntary petition under chapter 11, and the court granted a request for relief from the automatic stay that was filed by two creditors which allowed the creditors to pursue foreclosure of a judicial lien in the Idaho courts. The female debtor filed a pro se motion bearing the following heading: "Emergency Petition for Replacement of Stay to Stop Further Damage."
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Court
:
- 11 U.S.C.
In re Van Schoiack
Jan
20
2012
Ruling
Judgment lien avoided only to extent impairing debtor's state homestead exemption.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and claimed a $100,000 homestead exemption under Idaho Code Ann. § 55-1003 in a home they owed. The debtors sought an order under 11 U.S.C.S. § 522(f)(1)(A) which allowed them to avoid a $200,000.00 judgment lien a creditor had placed on their home. Neither the creditor nor any other party filed a response to the debtors' motion.
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Court
:
In re Hyatt
Dec
21
2011
Ruling
Relief from stay to allow debtor's children to enforce mechanics liens denied.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and movants, the debtors' children, filed a motion seeking an emergency order under 11 U.S.C.S. § 362(f) and Fed. R. Bankr. P. 4001(a)(2) which granted them relief from the automatic stay so they could take action in state court to perfect mechanics liens they asserted against the debtors' property under Idaho Code Ann. §§ 45-501 and 45-507.
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Court
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