- 11 U.S.C.
Garcia v. Burkhartsmeier (In re Burkhartsmeier)
Oct
24
2012
Ruling
Debt for funds advanced based on debtor's inducement were excepted from discharge.
Procedural posture
Creditor, the putative purchaser of two coffee kiosks, brought an adversary proceeding against defendant debtors, seeking to except from discharge, under 11 U.S.C.S. § 523(a)(2)(A), $194,322.06 in funds he had advanced to debtors toward the purchase.
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Court
:
- FRBP
In re Marsh
Sep
26
2012
Ruling
Extension of time for trustee to seek denial of discharge on basis of allegedly unscheduled car and motorcycle denied.
Procedural posture
Pursuant to Fed. R. Bankr. P. 4004(b), a chapter 7 trustee filed a motion for enlargement of time to seek denial of a debtor's discharge under 11 U.S.C.S. § 727. The debtor objected to the motion.
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Court
:
- 11 U.S.C.
In re Pulliam
Sep
26
2012
Ruling
Pro se debtor's application for compensation denied except for utility and storage costs.
Procedural posture
Chapter 7 debtor filed a notice of application for payment of professional fees and costs in the total amount of $368,582, including $312,000 for her own labor billed at $300 per hour, and $27,000 for her co-debtor's labor billed at $60 per day. The Trustee filed an objection.
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Court
:
- 11 U.S.C.
In re Hilliard
Sep
26
2012
Ruling
Claim for unpaid workers' compensation assessment allowed as excise tax over debtor's objection.
Procedural posture
Creditor, the state Department of Labor & Industry Employment Relations Division, Uninsured Employers Fund (fund) filed a proof of claim pursuant to 11 U.S.C.S. § 507(a)(8)(C) and Fed. R. Bankr. P. 3001(f). Debtor, an uninsured employer, filed an objection to the proof of claim.
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Court
:
In re Henry
Aug
01
2012
Ruling
Relief from stay granted where creditor's estimate of property value showing lack of equity was persuasive.
Procedural posture
In a motion to modify the stay, creditor bank sought relief from the stay pursuant to 11 U.S.C.S. §§ 362(d)(1) and (d)(2), alleging that debtors lacked equity in the creditor's collateral, consisting of debtors' home.
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Court
:
In re Anderson
Aug
01
2012
Ruling
Plan confirmed over creditor's objection as proposed in good faith, feasible and accepted by requisite creditors.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for paying his creditors that paid creditors who were the victims of bad checks the debtor wrote in full but paid only part of the debts he owed to other unsecured creditors, pursuant to 11 U.S.C.S. 1129(b). A creditor filed an objection to confirmation of the debtor's plan.
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Court
:
- FRBP
In re Jonas
Jul
23
2012
Ruling
Stay pending appeal of dismissal denied where debtor's former spouse would suffer irreparable harm.
Procedural posture
Debtor's chapter 11 case was dismissed by Memorandum of Decision and Orders entered on July 17, 2012, along with Adversary Proceeding Nos. 10-00031 and 10-00104, pursuant to a Stipulation debtor had entered into with the U.S. Trustee and Trustee while the case was pending in chapter 7. Debtor filed a motion for stay pending appeal and a motion for expedited hearing. Debtor's former spouse filed an objection. A hearing was held.
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Court
:
- 11 U.S.C.
In re Jonas
Jul
17
2012
Ruling
Case dismissed pursuant to failure to perform terms of stipulation regarding domestic support order or to file timely disclosures and confirm plan.
Procedural posture
A chapter 11 debtor's former spouse filed a motion to dismiss the debtor's case for cause under 11 U.S.C.S. § 1112(b)(4)(P) based on his failure to pay domestic support obligations ordered by a state court in their divorce. The debtor moved to extend time to file a chapter 11 plan and disclosure statement. Certain creditors filed a motion for reconsideration of a decision overruling their objection to the former spouse's claim.
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Court
:
- 11 U.S.C.
In re Blixseth
Jul
11
2012
Ruling
LLC granted administrative expense claim for fees incurred after approval of request for investigation of fraudulent transfer and bankruptcy estate.
Procedural posture
An LLC that filed an adversary proceeding against a lending company that loaned money to a chapter 7 debtor filed an application seeking payment of $22,444 in professional fees and $1,313.23 costs it incurred between January 8, 2010, and May 27, 2010. The chapter 7 trustee opposed the LLC's request for payment, and the court held a hearing on the application and the trustee's objection.
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Court
:
- 11 U.S.C.
Caviata Attached Homes LLC v. U.S. Bank (In re Caviata Attached Homes LLC)
Jun
29
2012
Ruling
Debtor's second chapter 11 filing dismissed absent substantial change in circumstances since prior substantially consummated plan.
Procedural posture
Debtor challenged an order of the U.S. Bankruptcy Court for the District of Nevada dismissing its second chapter 11 filing (Case 2) per Fed. R. Bankr. P. 9014 on findings that debtor had not shown an extraordinary change in circumstances that substantially impaired its performance under the plan confirmed in its first chapter 11 filing (Case 1). Issues included whether the lower court had erred in denying an evidentiary hearing.
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Court
:
Judge or Jurisdiction information not available