- 11 U.S.C.
In re Culpepper
Feb
11
2013
Ruling
Attorneys' fees and costs awarded for violation of discharge injunction.
Procedural posture
Following the entry of an order granting the chapter 7 debtor wife's motion for an order of civil contempt based on a creditor's violation of the discharge injunction, the court held a hearing on the request of the debtor's counsel for an award of attorneys' fees and costs under 11 U.S.C.S. § 330. The creditor objected to the request.
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Court
:
- 11 U.S.C.
Black v. Bonnie Springs Family Ltd. (In re Black)
Feb
11
2013
Ruling
Nondischargeability of state court judgment for abuse of process and nuisance affirmed.
Procedural posture
Appellees, creditors, moved for summary judgment on their complaint against appellants, debtors, to except debts from discharge under 11 U.S.C.S. § 523(a)(6). The debts arose from a state court judgment against both debtors for abuse of process and against one debtor for nuisance. The U.S. Bankruptcy Court for the District of Nevada granted summary judgment in the creditors' favor. Debtors appealed the bankruptcy court's summary judgment order.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hosseini v. Key Bank (In re Hosseini)
Jan
06
2013
Ruling
Debtor not entitled to authorize fees after prevailing in proceeding to establish dischargeability of student loan debt.
Issue(s)
Should debtor be allowed attorneys' fees incurred in successful proceeding to have student loan debt declared dischargeable.
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Court
:
Judge or Jurisdiction information not available
Leavitt v. Finney (In re Finney)
Jan
06
2013
Ruling
Confirmation reversed due to bankruptcy court error in concluding that debtor was entitled to discharge in chapter 13 case after receiving discharge in prior case converted to chapter 7.
Procedural posture
Chapter 13 trustee appealed the U.S. Bankruptcy Court for the District of Nevada's confirmation of appellee debtor's chapter 13 Plan.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Marine Servs. Corp.
Dec
18
2012
Ruling
Debtors' attorneys' fees allowed with five percent reduction due to filing errors and pending dismissal.
Procedural posture
Debtors, a marine services company and two affiliated businesses, filed separate petitions under chapter 11 of the Bankruptcy Code. The court ordered administrative consolidation of the debtors' cases, and after most of the debtors' assets were sold it held a hearing on the debtors' motion to dismiss their cases and to consider four "interim" applications for legal fees and expenses that were filed by a law firm that represented the debtors.
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Court
:
- 11 U.S.C.
In re Culpepper
Nov
05
2012
Ruling
Bank's continuing contacts with debtor regarding refinancing debt violated discharge injunction.
Procedural posture
Debtors, a husband and wife, filed a motion to reopen their chapter 7 bankruptcy case, and after the court granted their motion, they filed a motion seeking an order holding a bank in contempt for violating the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) when their debts were discharged. The husband withdrew from the debtors' contempt motion, and the bank filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Beal Bank USA v. Windmill Durango Office LLC (In re Windmill Durango Office LLC)
Jun
27
2012
Ruling
Bankruptcy court did not err in denying creditor's motion to change ballot accepting debtor's plan.
Procedural posture
Appellant bank (creditor) challenged two orders of the U.S. Bankruptcy Court for the District of Nevada concerning appellee debtor's chapter 11 plan. Specifically, it appealed the bankruptcy court's order ("ballot order") denying its motion to permit it to change a ballot accepting debtor's plan ("ballot motion"). It also appealed the bankruptcy court's order confirming debtor's chapter 11 plan ("plan confirmation order") over its objection.
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Court
:
Judge or Jurisdiction information not available
Levesque v. Shapiro (In re Levesque)
Jun
25
2012
Ruling
Bankruptcy court did not abuse discretion in denying debtors' motion to convert to chapter 11 due to untruths.
Procedural posture
Appellant chapter 7 debtors sought review of a judgment from the United States Bankruptcy Court for the District of Nevada, which granted their motion to reopen their case but denied their motion to convert to chapter 11. On appeal, the debtors argued that appellee chapter 7 trustee had no standing to be heard with respect to the motions because he had filed his final report and been discharged.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Paulson v. Arbaugh (In re Paulson)
Apr
11
2012
Ruling
Trustee was not liable for acting within scope of authority with notice to debtor and approval of bankruptcy court in settling lawsuit on behalf of estate.
Procedural posture
In his complaint, plaintiff debtor alleged that defendant trustee was liable for "civil conspiracy" in connection with her settlement of a "Predatory Lending Lawsuit" with a creditor in exchange for the creditor's payment of $5,000 to debtor's bankruptcy estate, and that her actions constituted the intentional infliction of emotional distress upon debtor for which she must be personally accountable. The Trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
Warfield v. Salazar (In re Salazar)
Apr
05
2012
Ruling
Refund received and spent prior to conversion from chapter 13 to chapter 7 properly held not to be property of the estate.
Procedural posture
Trustee challenged a ruling of the U.S. Bankruptcy Court for the District of Arizona denying a motion to compel appellee debtors, who had filed a chapter 13 that was converted to a chapter 7, to pay over funds received as a tax refund during the pendency of the chapter 13 case. Debtors had successfully claimed that as they had spent the funds, the refund no longer constituted "estate property" per 11 U.S.C.S. § 348(f)(1)(A).
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Court
:
Judge or Jurisdiction information not available