Idaho

In re Sledge

Debtors filed a motion for an order requiring defendant, debtor's former counsel, to disgorge fees paid to him. At issue was whether the fees as paid exceeded the reasonable value of the services rendered as described in 11 U.S.C. § 329(b) and whether defendant violated his duties under North Carolina's rules governing professional responsibility of counsel.
Ruling: 
Debtor's attorney ordered to disgorge fees in full due to professional misconduct.
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In re Korn

A real estate company filed a motion under 11 U.S.C. § 503(b)(1)(A) for an administrative expense against a bankruptcy estate arising from the sale of the debtor's property following a divorce.
Ruling: 
Real estate company was not entitled to an administrative expense for costs of post-divorce sale of debtor's property.
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Eleasser v. Cougar Crest Lodge LLC (In re Weddle)

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.
Ruling: 
Transfers to limited liability company was not an insider of debtor were not avoidable.
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Cadleway Props. Inc. v. Armstrong (In re Armstrong)

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.
Ruling: 
Only a portion of loan debt was nondischargeable due to conversion of collateral where creditor allowed debtor's business to continue post-default.
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In re Steinhaus

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.
Ruling: 
Stay terminated 30 days after filing where debtor did not elect to either redeem or reaffirm debt secured by automobile.
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In re Jayo

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).
Ruling: 
Misdemeanor conviction for converting cattle collateral was cause for conversion to chapter 7.
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Gonzalez-Ruiz v. Doral Fin. Corp. (In re Gonzalez-Ruiz)

Appellant debtors challenged the Bankruptcy Court for the District of Puerto Rico's orders granting appellee creditor authority to proceed with a foreclosure sale of the debtors'residence, dismissing the debtors'fourth chapter 13 bankruptcy case, granting the creditor in rem relief from the automatic stay, barring the debtors from filing another bankruptcy petition, and denying the debtors'motion for reconsideration.
Ruling: 
Court ruled that the bankruptcy court's order prohibiting debtors, who were serial filers and had attempted to refile to circumvent orders in their prior case, from making future filings.
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In re Astle

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.
Ruling: 
Debtors'proposed lien met requirements under section 366(b) and provided power company with adequate assurance of payment for postpetition services
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Estate of Centennial Communs. v. Longtain (In re Centennial Communs.)

Appellant debtor sought review of a decision of the bankruptcy court that denied its motion for reconsideration of an earlier order that allowed a creditor's claim for a super- priority administrative expense and allowed the creditor to share in a pro rata distribution for the remainder of her claim, which included a loan to the debtor or its officers.
Ruling: 
Court affirmed an order that allowed a creditor's claim for a super-priority administrative expense since the amounts the creditor advanced were shown to be for the estate's benefit.
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In re Rodriguez

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.
Ruling: 
Debtors'case was dismissed since they failed to justify their request for a waiver of the credit counseling certification requirement.
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