Fidler v. Donahue (In re Fidler)
Oct
05
2010
Ruling
Case held open pending conclusion of bad check prosecution for determination of whether banks were using pressure of criminal prosecution to collect discharged debt.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, two lenders and the Nye County, Nevada, District Attorney, seeking an order enjoining the District Attorney from prosecuting the debtor for bad checks he allegedly passed before he declared bankruptcy, and an order enjoining the lenders from testifying in any prosecution that was brought because he allegedly passed bad checks.
ABI Membership is required to access the full summary of Fidler v. Donahue (In re Fidler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Shat
Feb
22
2010
Ruling
The absolute priority rule does not apply to individual chapter 11 debtors post-BAPCPA.
Procedural posture
Debtors' chapter 11 plan was before the court for confirmation.
ABI Membership is required to access the full summary of In re Shat Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bissell
May
20
2009
Ruling
Chapter 13 debtors who were in default under plan could not propose modification except through compliance with procedures set forth in Bankruptcy Code.
Procedural posture
The debtors filed for relief under chapter 13 and a plan was confirmed. The chapter 13 trustee filed a motion to dismiss, pursuant to 11 U.S.C.S. § 1307 (c)(6), because the debtors were delinquent in the payments required by their chapter 13 plan. The debtors sought to add an additional five months of payments to their plan and objected to the motion to dismiss.
ABI Membership is required to access the full summary of In re Bissell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sattiewhite
Apr
07
2009
Ruling
Bankruptcy petition preparer ordered to disgorge fees and was enjoined from operating due to numerous violations.
Procedural posture
On its own motion, the bankruptcy court ordered a bankruptcy petition preparer (BPP) to appear and show cause why the fees charged for bankruptcy petition preparation services that exceeded the United States Trustee's guidelines were not unreasonable and why an injunction preventing her from acting as a bankruptcy petition preparer should not be entered. The BPP failed to appear at the hearing.
ABI Membership is required to access the full summary of In re Sattiewhite Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Sanford
Mar
17
2009
Ruling
Debtor's counsel sanctioned for failure to file conversion order and for filing second case while first case was still pending.
Procedural posture
The court ordered debtor's counsel to show cause why he should not be sanctioned for his conduct in representing a debtor on whose behalf counsel had filed two chapter 13 cases (Case 1 and Case 2) and in connection with which he was paid fees and other charges. At issue inter alia was whether counsel had violated Fed. R. Bankr. P. 9011 and D. Nev. R. 9021(a).
ABI Membership is required to access the full summary of In re Sanford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Betcorp. Ltd.
Feb
09
2009
Ruling
Australian company's winding up recognized as foreign main proceeding.
Procedural posture
Petitioner liquidator sought recognition of an Australian company's voluntary winding up in Australia as a foreign main proceeding under chapter 15. A United States (U.S.) company opposed recognition.
ABI Membership is required to access the full summary of In re Betcorp. Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lindquist
Oct
15
2008
Ruling
Judicial lien avoided to the extent it impaired debtors'homestead exemption.
Procedural posture
The debtors filed an amended motion to avoid a creditor's judicial lien on their residential property, pursuant to 11 U.S.C.S. § 522(f)(1).
ABI Membership is required to access the full summary of In re Lindquist Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Martinez
Aug
01
2008
Ruling
Creditor's attorney sanctioned for refusing to cooperate with correction of erroneous stipulation.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. In their schedules, the debtors listed a principal residence and two rental properties. A chapter 13 trustee filed an opposition to confirmation of the debtors' plan and recommended their case for dismissal based on ineligibility under 11 U.S.C.S. § 109(e).
ABI Membership is required to access the full summary of In re Martinez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Americredit Fin. Servs. v. Penrod (In re Penrod)
Jul
28
2008
Ruling
Negative equity in "910" vehicle loan was not included in purchase money security interest.
Procedural posture
Appellant creditor challenged the United States Bankruptcy Court for the Northern District of California's order finding that the creditor's security interest in appellee debtor's car was only partially purchase money for purposes of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5). The creditor also challenged the court's order confirming the debtor's chapter 13 plan.
ABI Membership is required to access the full summary of Americredit Fin. Servs. v. Penrod (In re Penrod) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Smith
Jun
24
2008
Ruling
Creditor with personal injury tort claim denied relief from stay.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, claiming that the debtor committed libel. Three months after he filed his adversary proceeding, the creditor filed a motion to stay the adversary proceeding, and he moved for relief from the automatic stay that was imposed under 11 U.S.C.S. § 362 so he could proceed with a libel action he filed against the debtor in state court. The debtor opposed the motions.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: