- 11 U.S.C.
In re Baker
Sep
17
2009
Ruling
Application for interim compensation by debtor's attorney approved with reductions for services that conferred little benefit on estate, original retainer and discount for failure to timely file fee disclosure.
Procedural posture
Counsel for the chapter 11 debtor applied for approval and payments of interim compensation and reimbursement of expenses, 11 U.S.C.S. § 331. The United States Trustee (UST) objected.
ABI Membership is required to access the full summary of In re Baker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Scott
Sep
10
2009
Ruling
Debtor was not entitled to reimbursement by trustee from estate's share of lawsuit settlement proceeds to make up for garnishment by bank from debtor's own share of proceeds.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed objections to the debtor's claims that a tort claim and a workers' compensation claim he possessed were exempt property, but reached a settlement with the debtor. After the court approved the settlement, the debtor sought relief from the terms of the court's order.
ABI Membership is required to access the full summary of In re Scott Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Gibson
Aug
31
2009
Ruling
Confirmation denied due to debtor's failure to provide form for issuance of wage deduction in event of default.
Procedural posture
The standing chapter 13 trustee objected to confirmation of debtors' amended plan based on three alleged obstacles: (1) the amended plan failed to provide that all of debtors' projected disposable income to be received during the applicable commitment period would be paid into the plan, (2) the amended plan was not filed in good faith, and (3) it was unclear whether, as proposed, the Trustee could administer the amended plan.
ABI Membership is required to access the full summary of In re Gibson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Hyde
Apr
21
2009
Ruling
Creditor's lack of sophistication did not prevent disallowance of late proof of claim where creditor was put on inquiry notice.
Procedural posture
The chapter 12 trustee objected to the proof of claim filed by creditor as untimely.
ABI Membership is required to access the full summary of In re Hyde Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hieter
Mar
13
2009
Ruling
Case dismissed with filing bar due to debtor's abuse of bankruptcy process.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's petition with a bar to refiling. The trustee contended that the debtors, through their serial filings, attempted to manipulate the bankruptcy laws, and that their actions constituted an abuse of the bankruptcy process.
ABI Membership is required to access the full summary of In re Hieter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Greystone on Payette LLC
Mar
11
2009
Ruling
Debtor's counsel not entitled to fees due to failure to seek court approval.
Procedural posture
Counsel filed bankruptcy petitions on behalf of a bankruptcy debtor and another entity and applied for employment of counsel to represent the debtor, stating that counsel did not represent any other party involved in the case. Counsel subsequently learned that the entity owed a loan debt to the debtor, the debtor obtained substitute representation, and counsel applied for compensation for services rendered to the debtor.
ABI Membership is required to access the full summary of In re Greystone on Payette LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jackson
Mar
05
2009
Ruling
Lien against property inherited postconfirmation could be avoided.
Procedural posture
The chapter 13 debtors moved for an order to set aside a money judgment that was entered against them in state court and to avoid any lien that attached to their real property when a judgment lien creditor recorded the judgment. The court held a hearing on the motions.
ABI Membership is required to access the full summary of In re Jackson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Trustee v. Warr (In re Warr)
Feb
06
2009
Ruling
Motion for denial of discharge denied absent actual intent to defraud.
Procedural posture
Plaintiff filed an adversary complaint against defendant, a chapter 7 debtor, alleging that debtor had knowingly and fraudulently made false oaths and accounts in connection with his bankruptcy case and that he therefore was properly denied a discharge under 11 U.S.C.S. § 727(a)(4)(A).
ABI Membership is required to access the full summary of United States Trustee v. Warr (In re Warr) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
JB Constr. Inc. v. King (In re King)
Jan
22
2009
Ruling
Breach of non-compete agreement was dischargeable as it was not tortious under state law.
Procedural posture
Plaintiff ex-employer, a concrete placement firm, filed an adversary complaint for a determination that defendant debtor, a former supervisory employee, had willfully and maliciously breached a non-competition agreement between the parties such that plaintiff's claim for damages was properly excepted from discharge in debtor's chapter 7 case under 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of JB Constr. Inc. v. King (In re King) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Codr
Oct
22
2008
Ruling
Chapter 7 trustee's fees awarded in reduced amount due to inadequate time records.
Procedural posture
A successor chapter 7 trustee filed a Final Accounting in which he proposed payment to the trustees in the maximum amount allowed under 11 U.S.C.S. § 326(a). The former chapter 7 trustee requested compensation for her services.
ABI Membership is required to access the full summary of In re Codr Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: