- FRBP
In Spickelmier
Apr
09
2012
Ruling
Debtor's counsel sanctioned for filing second amended motion to vacate dismissal due to prior failure to appear and unpreparedness.
Procedural posture
In a chapter 13 bankruptcy case, the court issued an order to the debtors' counsel to show cause why counsel should not be sanctioned pursuant to Fed. R. Bankr. P. 9011 for filing a second amended motion to vacate the court's order dismissing the debtors' case after the court had already denied counsel's earlier motion to vacate the court's order.
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Court
:
- 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
:
- 11 U.S.C.
Herzog v. Zyen LLC (In re Xyience Inc.)
Oct
28
2011
Ruling
Sanctions assessed against alleged preferential transferees due to willful bad faith discovery behavior.
Procedural posture
In an adversary complaint filed by plaintiff, a chapter 11 trustee, to recover allegedly avoidable preferential and fraudulent transfers and for damages claimed to have been caused by defendant "lenders," plaintiff sought sanctions per Fed. R. Civ. P. 37 based on defendants' failure to impose a protective "discovery hold" on business documents relating to defendants' dealings with debtor and for their admitted erasure of electronic documents.
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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.
Ground Improvement Techniques Inc. v. Plan Comm. (In re Washington Group Intl Inc.)
Sep
29
2011
Ruling
Section 502(b)(2) did not prevent collection of postpetition interest from non-debtor third party.
Procedural posture
Appellant creditor challenged a decision of the United States Bankruptcy Court for the District of Nevada, which held that 11 U.S.C.S. § 502(b)(2) prevented the creditor from collecting post-petition interest from a non-debtor.
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Court
:
Bruce v. Homefield Fin. Inc.
Sep
23
2011
Ruling
Debtor's unscheduled Truth in Lending Act action dismissed.
Procedural posture
Plaintiff borrower sued defendants, including a loan service company, for claims including violation of the Truth-in-Lending Act (TILA) and predatory lending. The loan service company moved to dismiss, and the other defendants joined in the motion.
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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
:
- 11 U.S.C.
Chorzepa, In re
Jul
05
2011
Ruling
Retroactive annulment of automatic stay was unnecessary as the stay had elapsed before theinitiation and completion of the foreclosure sale. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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Court
:
- 11 U.S.C.
Cloobeck v. Cory (In re Cloobeck)
Jun
23
2011
Ruling
Trustee acted within authority in selling cause of action belonging to estate.
Procedural posture
Trustee filed a motion in the U. S. Bankruptcy Court for the District of Nevada to sell any claims that a bankruptcy estate may have had against appellant individual. The bankruptcy court granted the motion. Appellant individuals sought review.
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Court
: