- 11 U.S.C.
Hopkins v. Saratoga Holdings LLC (In re Colvin)
Dec
20
2007
Ruling
Trustee's failure to timely assume executory contract resulted in rejection and breach, precluding enforcement.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendants, two individuals who were parties to a contract that included debtor, seeking to enforce the contract.
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Hopkins v. NMTC (In re Fuell)
Dec
13
2007
Ruling
Security interest for which filing statement misspelled debtor's name avoided.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a security interest under 11 U.S.C. § 544(a).
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- 11 U.S.C.
In re Iwasa
Nov
26
2007
Ruling
Former chapter 7 trustee's claim for maximum compensation reduced on reasonableness grounds.
Procedural posture
The present chapter 7 trustee and the former chapter 7 trustee sought compensation for their services rendered in the administration of the bankruptcy case, pursuant to 11 U.S.C. §§ 326(a) and 330(a)(1), and Fed. R. Bankr. P. 2016.
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Hopkins v. Lang (In re Carpenter)
Oct
09
2007
Ruling
Security interest not perfected unitl more than 30 days after debtor took possession of truck was avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor's sister, seeking a judgment avoiding a security interest the sister held in the debtor's truck, as a preference under 11 U.S.C. § 547(b). The sister claimed that the security interest was not avoidable, and the parties'claims were tried to the court.
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- 11 U.S.C.
In re Davis
Sep
13
2007
Ruling
Debtors who did not own real property were not entitled to avoid liens that might attach to after-acquired property.
Procedural posture
The debtors filed for relief under chapter 7. The debtors listed in their statement 12 different civil actions in which debtors were named as defendants, some of which had resulted in the entry of judgments and garnishment orders. The debtors sought to avoid the liens pursuant to 11 U.S.C. § 522(f)(1)(a) and (b).
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In re Short
Sep
11
2007
Ruling
Debtor's eighth case in ten years dismissed with prejudice due to lack of disclosure, poor treatment of unsecured creditors in plan and failure to appear to explain deficiencies.
Procedural posture
Debtors filed a chapter 13 petition. The U.S. Trustee ("UST") filed a motion to dismiss the chapter 13 case as to debtor wife only, with prejudice, pursuant to 11 U.S.C. § 1307(c).
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Scott v. Countrywide Homes Loans Inc. (In re Scott)
Sep
04
2007
Ruling
Counterclaim to stay violation proceeding dismissed as precluded by plan confirmation.
Procedural posture
In an adversary proceeding, plaintiffs, chapter 13 debtors, moved to dismiss counterclaims filed against them by defendants, a mortgage creditor, a beneficiary of a second deed of trust, and a foreclosure agent. The motion was brought for failure to state a claim pursuant to Fed. R. Bankr. P. 7012, which incorporated Fed. R. Civ. P. 12(b)(6).
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:
- FRBP
In re Moniz
Aug
02
2007
Ruling
Motion for approval of stipulation to allow late proof of claim denied.
Procedural posture
Creditor filed a motion to file a late proof of claim. The motion sought the court's approval of a stipulation between the creditor and the debtors providing that the creditor would have the right to file a tardy claim to be treated as a timely one.
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- 11 U.S.C.
Ryan v. United States (In re Ryan)
Jul
31
2007
Ruling
Costs of federal criminal prosecution imposed as part of sentence were excepted from discharge.
Procedural posture
The debtor filed a chapter 13 petition listing only an obligation owed to the United States government, identified as the unpaid costs of prosecution imposed on the debtor as part of a federal criminal sentence. The debtor then filed an adversary complaint to determine whether that obligation would be dischargeable under 11 U.S.C. § 1328(a)(3).
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- 11 U.S.C.
In re Cady
Jul
30
2007
Ruling
Plan could treat attorney's claim as impaired pending resolution of debtor's legal malpractice action.
Procedural posture
The debtors filed for relief under chapter 11. The creditor objected to confirmation of the proposed chapter 11 plan, finding that the plan's proposed treatment of the creditor's secured claim was not fair and equitable.
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