- 11 U.S.C.
In re Eugene Pipe LLC
May
07
2012
Ruling
Plan confirmed over objection of creditor that submitted competing offer to purchase debtor's business.
Procedural posture
The court held a confirmation hearing in this chapter 11 case, at which testimony was heard and evidence submitted. An objection to debtor's Second Amended Plan of Reorganization (the Plan) was filed by a creditor that submitted a rival offer to purchase the debtor's business.
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Court
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- 11 U.S.C.
In re Williams
Mar
19
2012
Ruling
Case dismissed as filed in bad faith where debtor purchased house on petition date.
Procedural posture
Movant, the trustee, asked the court to dismiss debtor's chapter 7 case on claims that it constituted an abuse of chapter 7 and was properly dismissed under either the so-called "means test" per 11 U.S.C.S. § 707(b)(2) or under the "totality of the circumstances" test in § 707(b)(3). Movant also argued that the case was filed in bad faith.
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Court
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South Valley Bank & Trust v. Sequoia Vill. LLC (In re Sequoia Vill. LLC)
Feb
14
2012
Ruling
Remand of bank's case against debtor and 15 other non-debtor defendants denied where related proceeding was pending in district court.
Procedural posture
Bank filed a complaint against debtor and 15 other non-debtor defendants in state court. The debtor filed a chapter 11 petition and on the same date removed the action to the bankruptcy court. The debtor filed a motion for withdrawal of reference, and the bank objected. The bank filed a motion for remand pursuant to 28 U.S.C.S. § 1452(b).
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Court
:
- FRBP
In re Krouse
Nov
21
2011
Ruling
Trustee's settlement of unresolved claims that maximized return to creditors approved.
Procedural posture
Chapter 7 trustees in two cases sought an order approving a global settlement that would provide for the sale of an individual debtor's interest in a corporate debtor, the resolution of claims by and between the estates and various parties, and dismissal of the corporate debtor's case. The individual debtor objected to the motions.
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Court
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In re Cooper
Sep
02
2011
Ruling
Debtor in possession whose Christmas tree business provided majority of gross income was not eligible for chapter 12 relief.
Procedural posture
Two creditors filed objections to confirmation of a Chapter 12 modified plan proposed by the debtors-in-possession (DIPs).
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Court
:
- 11 U.S.C.
In re Bollinger
Sep
02
2011
Ruling
Confirmation vacated due to improper inclusion of balloon payment where debtor intended to cram down secured debt.
Procedural posture
Citing Fed. R. Civ. P. 59(e), made applicable by Fed. R. Bankr. P. 9023, movant bank, a secured creditor, asked the court to alter and amend its earlier order confirming a Chapter 13 debtor's second amended plan on the ground, inter alia, that a balloon payment provision therein violated the requirement in 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I) that "periodic payments" be in "equal monthly amounts."
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Court
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In re Jones
Aug
02
2011
Ruling
Conversion to chapter 12 set aside where debtor who operated horse boarding and training business was not a family farm.
Procedural posture
A bankruptcy debtor operated a business of boarding and training horses and the debtor converted her bankruptcy case from chapter 11 to chapter 12. Creditors moved to dismiss the debtor's case on the ground that the debtor was not a family farmer and was thus ineligible for chapter 12 relief.
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Court
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In re McGinnis
Jun
09
2011
Ruling
Plan depending on cultivation and sale of medical marijuana could not be confirmed.
Procedural posture
An evidentiary hearing was held on confirmation of a Chapter 13 debtor's plan.
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Court
:
- 11 U.S.C.
Kerivan v. Frohmayer Deatherage Jamieson Moore Armosino & McGovern PC (In re Krouse Ranch Inc.)
Oct
22
2010
Ruling
Creditors could seek avoidance of deed of trust in favor of debtor's attorneys given badges of fraud.
Procedural posture
Creditors of a bankruptcy debtor brought an adversary proceeding against defendant law firm which represented the debtor in a trial which resulted in a judgment in favor of the creditors, seeking to avoid as fraudulent under 11 U.S.C.S. § 548 a transfer of a deed of trust against the debtor's property to the firm. The firm moved for summary judgment.
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Court
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Smith v. Ford Motor Credit Co. LLC (In re Smith)
Sep
13
2010
Ruling
Repossession of vehicle did not violate discharge injunction as creditor was within rights to decline debtor's alleged assumption of lease.
Procedural posture
Plaintiff Chapter 7 debtors commenced an action against defendant creditors for damages arising out of the creditors' post-discharge repossession of a leased motor vehicle. Contempt damages were sought on the grounds that the repossession violated the discharge injunction. In addition, the debtors sought damages under state law for breach of the lease agreement. The creditors filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
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Court
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