Bankruptcy Appellate Panel

Gorski v. Eisen (In re Henricks Commerce Park LLC)

Appellant, the equity security holder of the debtor, appealed from a decision of the Bankruptcy Court for the Northern District of Ohio that disallowed as an administrative expense under 11 U.S.C. § 503(b)(3)(D) and (4) the professional fees of the equity security holder's attorney on the basis that the attorney's services made a substantial contribution to the debtor's chapter 11 case.
Ruling: 
Panel affirmed decision to deny attorneys'fees as administrative expenses since fees were, in effect, services for debtor.
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Thickstun Bros. Equip. Co. v. Encompass Serv. Corp. (In re Thickstun Bros. Equip. Co.)

Appellant debtor sought review of a decision of the Bankruptcy Court for the Southern District of Ohio, which denied the debtor's motion for interpretation and clarification of a plan that was confirmed pursuant to chapter 11.
Ruling: 
Appellate panel held that bankruptcy court had jurisdiction to interpret confirmed plan but did not have jurisdiction over state court ruling.
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United States v. Shultz (In re Shultz)

Appellant United States, sought review of a decision of the Bankruptcy Court for the Northern District of Ohio, which denied the motion of the United States, filed through the IRS for relief from the automatic stay. Appellee debtors had sought relief under chapter 13, and the IRS's motion was not filed until after confirmation of the debtors'plan.
Ruling: 
IRS was denied postconfirmation relief from automatic stay since the IRS had not objected to the plan or shown postconfirmation activity warranting removal of stay.
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In re Nelson

Appellant bankruptcy debtor proposed a chapter 13 plan, but appellee trustee objected to the plan partly on the basis that the plan proposed only minimal payments with a minimal dividend for creditors. The debtor appealed the order of the Bankruptcy Court of the Northern District of California, which dismissed the debtor's case because the plan was not confirmable.
Ruling: 
Order dismissing debtor's chapter 13 case was reversed since debtor was not given opportunity to request additional time to amend plan.
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Tina Livestock Sales Inc. v. Schachtele (In re Schachtele)

Objector-creditor appealed from an order of the Bankruptcy Court for the Eastern District of Missouri, that granted debtors'motions to amend their chapter 13 plan. After oral argument, the objector filed a dismissal of the appeals, and requested that the court deny as withdrawn or moot all actions pending on appeal. Debtors sought sanctions in the form of attorney's fees incurred pursuant to Fed. R. Bankr. P. 8020.
Ruling: 
Debtors were awarded fees and costs in having to defend against creditor's frivolous appeals of an untimely filed proof of claim.
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Gonzalez-Ruiz v. Doral Fin. Corp. (In re Gonzalez-Ruiz)

Appellant debtors challenged the Bankruptcy Court for the District of Puerto Rico's orders granting appellee creditor authority to proceed with a foreclosure sale of the debtors'residence, dismissing the debtors'fourth chapter 13 bankruptcy case, granting the creditor in rem relief from the automatic stay, barring the debtors from filing another bankruptcy petition, and denying the debtors'motion for reconsideration.
Ruling: 
Court ruled that the bankruptcy court's order prohibiting debtors, who were serial filers and had attempted to refile to circumvent orders in their prior case, from making future filings.
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Wolff v. Johnson (In re Johnson)

Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.
Ruling: 
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
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Hedquist v. Fokkena (In re Hedquist)

Appellant, a pro se debtor, challenged a decision of the Bankruptcy Court for the District of Minnesota that held debtor and his wife were ineligible to file their chapter 11 bankruptcy case for failing to comply with the credit counseling requirements of 11 U.S.C. § 109(h), and dismissed their case.
Ruling: 
Court rejected equal protection argument of pro se debtor in dismissing debtor's case for failing to comply with section 109(h) credit counseling requirement.
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Colorado Judicial Department v. Sweeney (In re Sweeney)

Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).
Ruling: 
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
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Bala v. Kaler (In re Racing Servs.)

Appellant claimant sought review of a decision of the Bankruptcy Court for the District of North Dakota, which ordered that the claimant's administrative expense claim against the bankruptcy estate of appellee debtor for postpetition rent be subordinated to all other allowed claims.
Ruling: 
Court affirmed the bankruptcy court's order that equitably subordinated an application for unpaid postpetition rent to all other allowed claims including criminal judgments involving inequitable conduct that injured creditors.
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