- 11 U.S.C.
Norberg v. Hawks Prairie Casino LLC (In re McSwain)
Oct
06
2011
Ruling
Debtor retained rights in LLC pursuant to executory operating agreement.
Procedural posture
A minority member of a limited liability company (LLC) filed an adversary complaint for declaratory relief, seeking a judgment that defendant debtor no longer possessed any management rights in the LLC, and that debtor's interest was solely that of an assignee under Washington law and the dissociation provisions of the LLC's operating agreement.
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Court
:
- 11 U.S.C.
In re Mattson
Aug
26
2011
Ruling
Debtors could modify plan, due to increased income, to increase plan payments but could not reduce plan term.
Procedural posture
Chapter 13 debtors filed a motion seeking to modify their amended Plan under 11 U.S.C.S. § 1329. The Chapter 13 Standing Trustee objected to the debtors' motion.
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Court
:
- 11 U.S.C.
In re Dittrich
Aug
08
2011
Ruling
Confirmation denied as debtor was not entitled as a matter of right to motor vehicle expense deduction based on IRS standards.
Procedural posture
A bankruptcy debtor proposed a plan which provided for payment to unsecured creditors from disposable income which the debtor calculated by including an additional expense deduction based on the age and mileage of the debtor's unencumbered vehicle. The bankruptcy trustee objected to confirmation of the debtor's plan.
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Court
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In re Croney
May
02
2011
Ruling
Case converted to chapter 7 upon determination that debtor was not eligible under chapter 13.
Procedural posture
A creditor sought to dismiss debtors' Chapter 13 case on the ground that debtors were ineligible under 11 U.S.C.S. § 109(e). The creditor contended that an unconditional personal guaranty put the debtors' total unsecured debt over the statutory limit.
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Court
:
- 11 U.S.C.
In re Burrows
Feb
22
2011
Ruling
United States Trustee had standing to object to proof of claim.
Procedural posture
In a chapter 13 case, the United States Trustee (UST) objected to a proof of claim, to which neither the debtor nor the chapter 13 trustee objected. The creditor challenged the standing of the UST to object to its claim.
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Court
:
- 11 U.S.C.
Dish Network Corp. v. DSD N. Am. Inc. (In re DBSD N. Am.)
Feb
07
2011
Ruling
Creditor that was an indirect competitor of the debtor and bought a blocking position in a class of claims in order to obtain the debtor's telecommunications spectrum rights could be treated as acting in bad faith.
Procedural posture
In a Chapter 11 case, the bankruptcy court confirmed a reorganization plan for appellee debtor over the objections of appellant creditors. The United States District Court for the Southern District of New York affirmed. The creditors appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bennett v. Bennett (In re Bennett)
Jan
19
2011
Ruling
Motion to dismiss filed by debtor's former spouse objecting to child's private school tuition and spouse's 401(k) contributions denied.
Procedural posture
A pro se creditor who was the debtor's former husband sought to dismiss the debtor's Chapter 7 case under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
Pacific Capital Bancorp N.A. v. East Airport Dev. LLC (In re East Airport Dev. LLC)
Jan
05
2011
Ruling
Bankruptcy court erred in holding that surplus sale proceeds were cash collateral that could be used by debtors.
Procedural posture
Appellant creditor challenged an order of the U.S. Bankruptcy Court for the Central District of California authorizing sale, by appellee debtor under a purported "release price agreement," of certain real estate free and clear of appellant's lien per 11 U.S.C.S. § 363(f) and the use of its cash collateral per § 363(c)(2). Issues included whether appellant in fact had "consented" to the sale within the meaning of § 363(f)(5).
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Judge or Jurisdiction information not available
In re Smith
Dec
03
2010
Ruling
Late-filed proof of claim disallowed as previously deemed allowed due to failure of debtor to object.
Procedural posture
In a chapter 13 case, an unsecured creditor filed a motion to allow its late- filed claim. The debtor filed a motion to add the creditor's pre-petition debt to her plan.
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Court
:
- 11 U.S.C.
Anthis v. Copland (In re Copland)
Sep
23
2010
Ruling
State court judgment arising from debtor's fatal shooting of creditor's husband was nondischargeable.
Procedural posture
A judgment creditor sought a determination that defendant, a chapter 7 debtor, was not entitled to the discharge of a state court judgment arising from the shooting death of the victim, who was creditor's husband, by the debtor pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
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