- 11 U.S.C.
In re Las Vegas Monorail Co.
Nov
18
2011
Ruling
Monorail operator's proposed plan could not be confirmed on feasibility grounds.
Procedural posture
Debtor in possession, the owner and operator of a monorail that provided transportation between several hotels in Las Vegas, submitted a plan for reorganization which involved substantial refinancing.
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Court
:
- FRBP
In re Franklin
Oct
31
2011
Ruling
Confirmation denied due to debtor's failure to give adequate notice of modified plan to creditors.
Procedural posture
The court considered whether it could confirm the amended plan of the chapter 13 debtor, where the plan was modified such that creditors received less than 28 days notice of the amended plan before the hearing, under Fed. R. Bankr. P. 2002(b).
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Court
:
- FRBP
In re Smith
Oct
28
2011
Ruling
Additional sanctions assessed against lawyer who failed to comply with prior sanctions issued by bankruptcy court.
Procedural posture
The court held a hearing to determine whether to impose additional sanctions against debtor's attorney, who filed the petition despite a prior sanction prohibiting him from filing new cases for a three-month period, and for failure to timely comply with financial and continuing legal education sanctions, although he had complied with them after the time periods given by the court.
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Court
:
- 11 U.S.C.
In re Las Vegas Monorail Co.
Sep
14
2011
Ruling
Debtor's attorneys' fees disallowed to the extent based on time entries redacted due to attorney-client privilege.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's request to hire a law firm to serve as primary restructuring counsel and a second law firm to serve as special corporate counsel. Both law firms filed requests for payment of interim fees, pursuant to 11 U.S.C.S. § 331.
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Court
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Ellsworth v. Lifescape Med. Assocs. P.C. (In re Ellsworth)
Jul
29
2011
Ruling
Bad faith dismissal due to delays and failure to correct errors affirmed.
Procedural posture
Appellant Chapter 13 debtors, a married couple, challenged an order of the U.S. Bankruptcy Court for the District of Arizona granting a motion by movant, a judgment creditor of the wife, to dismiss the case with prejudice for cause under 11 U.S.C.S. § 1307(c)(1), § 1307(c)(3) and § 1307(c)(5), and for bad faith.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Edwards v. Wells Fargo Bank (In re Edwards)
Jul
12
2011
Ruling
Relief from stay properly granted where creditor mortgagee foreclosed on debtor's property before petition date.
Procedural posture
Appellant, chapter 7 debtor, sought review of an order of the United States Bankruptcy Court for the Central District of California, that granted relief from the automatic stay to appellee successor creditor mortgagee, in its capacity as trustee for certain mortgage-backed securities. The mortgagee moved for relief from the automatic stay to pursue its pre-petition state court foreclosure and unlawful detainer judgment.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hill
May
17
2011
Ruling
Certified legal document preparer properly ordered to disgorge payment received in excess of authorized $200 fee.
Procedural posture
Appellant, a certified legal document preparer (CLDP) under Arizona law, challenged an order of the U.S. Bankruptcy Court for the District of Arizona directing her to disgorge $50 of a $250 document preparation fee she had charged to a debtor for appellant's assistance in the preparation of debtor's pro se bankruptcy filing. At issue was whether appellant was entitled to a fee in excess of the $200 fee authorized per 11 U.S.C.S. § 110.
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Court
:
Judge or Jurisdiction information not available
In re Okosisi
May
16
2011
Ruling
Chapter 13 plan of debtors who received a chapter 7 discharge two years earlier and seeking to incorporate avoidance of lien confirmed.
Procedural posture
Debtors filed for chapter 13 bankruptcy after having previously received a discharge in chapter 7. Earlier in the case, the court granted the debtors' motion to avoid the second priority, and wholly unsecured, lien on their primary residence. Here, they sought to confirm a plan which incorporated this avoidance. The chapter 13 bankruptcy trustee opposed confirmation.
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Court
:
Meyer v. Scholz (In re Scholz)
Mar
22
2011
Ruling
Confirmation vacated due to failure to include Railroad Retirement Act benefits in current monthly income calculation.
Procedural posture
Chapter 13 trustee appealed from an Order of the U.S. Bankruptcy Court for the Eastern District of California confirming debtors' chapter 13 Plan. The U.S. Trustee was also an appellee.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Blue Pine Group Inc.
Oct
07
2010
Ruling
Debtor's attorney sanctioned for filing case without reasonable grounds causing damages to debtor's shareholders.
Procedural posture
After the court dismissed a chapter 7 case on the motion of one of the debtor's shareholders, the shareholder filed a motion for sanctions against the debtor's attorney under Fed. R. Bankr. P. 9011 on the ground that the debtor's board had never authorized its bankruptcy filing.
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Court
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