- FRBP
In re HyLoft Inc.
May
25
2011
Ruling
Approval of settlement denied absent proof of maximum benefit to the estate.
Procedural posture
Debtor corporation filed a petition under Chapter 7 of the Bankruptcy Code, and a trustee who was appointed to administer the debtor's bankruptcy estate filed a motion seeking an order under Fed. R. Bankr. P. 9019 that approved an asset purchase agreement and a compromise of claims her attorney negotiated with parties that had an ownership interest in the debtor. Several creditors filed objections to the trustee's motion.
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Court
:
- FRBP
In re Endoscopy Ctr. Of S. Nev. LLC
May
23
2011
Ruling
Trustee's settlement of multiple tort claims with insurance company approved over objection of debtor's manager.
Procedural posture
The chapter 11 trustee sought the approval by the court of a mediated settlement agreement he reached with debtor's insurance company as to proceeds to be paid under a claims made medical professional liability policy to settle multiple tort claims brought against the debtor by creditor patients, pursuant to Fed. R. Bankr. P. 9019.
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Court
:
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
:
- 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
:
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.
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Court
:
- 11 U.S.C.
Fry v. Dinan (In re Dinan)
Mar
01
2010
Ruling
Claim disallowed due to state law providing that creditor was deemed paid in full upon repossession and sale of collateral.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, seeking a judgment that a debt the debtors owed was nondischargeable under 11 U.S.C.S. § 523(a)(14), an order denying the debtors' discharge under 11 U.S.C.S. § 727(a). The case was tried to the court.
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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.
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Court
:
In re Mora
Sep
04
2009
Ruling
Confirmation denied due to over-withholding of taxes and payments to debtor's adult son which resulted in contribution of less than full disposable income to plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a plan for repaying their creditors. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to confirmation of the debtors' plan, claiming that it could not be confirmed under 11 U.S.C.S. § 1325(b) because it did not require the debtors pay all their projected disposable income to the trustee to repay debts they owed to unsecured creditors.
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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.
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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.
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Court
: