Tyson Fresh Meats Inc. v. Hollifield Ranches Inc. (In re Hollifield Ranches Inc.)
Nov
07
2013
Ruling
Creditor entitled to administrative expense claim despite use of short hedges to carry out contract with debtor to acquire and feed cattle.
Issue(s)
Should creditor be denied administrative expense claim for failure to performing its contractual duty to manage cattle market risks in a reasonable and customary manner due to use of short hedges.
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Court
:
- 11 U.S.C.
Heritage Pac. Fin. LLC v. Edgar (In re Montano)
Nov
01
2013
Ruling
Bankruptcy court properly held debt dischargeable and awarded attorneys' fees to debtor upon reconsideration.
Issue(s)
Did bankruptcy court err in holding mortgage debt dischargeable and, on reconsideration, awarding debtor attorneys' fees.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Parrott Broad. Ltd. Pship
Oct
15
2013
Ruling
Trustee in individual debtor's case not entitled to relief from stay in limited partnership's case absent colorable claim.
Issue(s)
Should stay in partnership's chapter 7 case be modified to allow trustee in chapter 7 case of partnership's general manager to commence an avoidance proceeding against the partnership in the manager's case in order to create a claim in favor of the manager in the partnership's case.
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Court
:
- 11 U.S.C.
Utnehmer v. Crull (In re Utnehmer)
Oct
10
2013
Ruling
Bankruptcy court erred in holding debt nondischargeable for fiduciary defalcation absent proof of intent or existence of partnership that would give rise to fiduciary duty.
Issue(s)
Was loan agreement sufficient evidence of partnership to find debt nondischargeable due to debtor's fiduciary defalcation with regard to alleged partners.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Alakozai v. Citizens Equity First Credit Union (In re Alakozai)
Oct
02
2013
Ruling
Bankruptcy court properly granted relief from stay to allow unlawful detainer action to proceed.
Issue(s)
Whether the bankruptcy court, in the sixth bankruptcy case filed by either or both of the debtors, abused its discretion when it granted stay relief to a creditor to continue an unlawful detainer action in state court against the debtors to remove them from their home following a foreclosure.
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Court
:
Judge or Jurisdiction information not available
In re Champ
Aug
19
2013
Ruling
Failure to amend schedules to reflect Social Security award received after death of counsel was not grounds for dismissal.
Issue(s)
Was debtors' failure to amend schedules to reflect postconfirmation Social Security award, pursuant to prior court order, grounds for dismissal.
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Court
:
- 11 U.S.C.
Rainsdon v. Davisco Foods Intl Inc. (In re Azevedo)
Aug
19
2013
Ruling
Trustee could not recover amounts cheese producer deducted as interest owed on advances for milk deliveries between petition date and date of conversion to chapter 7.
Issue(s)
Whether a chapter 7 trustee was entitled under 11 U.S.C.S. §§ 549 and 550 to recover amounts a cheese producer deducted as interest it was owed on advance payments it made to a debtor for milk the debtor delivered between the date he declared Chapter 12 bankruptcy and the date his case was converted to one under chapter 7 of the Bankruptcy Code.
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Court
:
- 11 U.S.C.
In re Somerset Inc.
Jul
19
2013
Ruling
State insurance fund violated stay by cancelling debtor's policy for nonpayment of premiums.
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Court
:
- 11 U.S.C.
In re Parrott Broad. Ltd. Pship
Jun
26
2013
Ruling
Claim disallowed where state law waiver of claim for unpaid wages was effective.
Procedural posture
A chapter 7 trustee in a case filed by a limited partnership (LP) filed an objection to an amended proof of claim filed by a chapter 7 trustee in the bankruptcy case of the LP's general manager. The claim alleged that the LP owed the general manager unpaid wages, asserted a right to priority under 11 U.S.C.S. § 507(a)(4), asserted statutory penalties on unpaid wages under Idaho Code Ann. § 45-615(2), and asserted a claim for an unsecured loan.
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Court
:
- 11 U.S.C.
In re Jenkins
Jun
11
2013
Ruling
Bankruptcy petition preparer ordered to return fee due to provision of legal and financial advice to debtor.
Procedural posture
Court ordered a bankruptcy petition preparer (BPP) to appear and show cause why he should not be found to be in violation of the various provisions of 11 U.S.C.S. § 110 regulating the practices of BPPs.
Issue(s)
Whether an attorney who was not licensed to practice law in Idaho violated 11 U.S.C.S. § 110 when he charged chapter 7 debtors $100 to prepare bankruptcy paperwork after a business he owned charged the debtors $200 for conducting a financial review and recommended chapter 7 bankruptcy.
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Court
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