- 11 U.S.C.
Reiber v. Option One Mortg. Corp. (In re Hojnoski)
May
16
2006
Ruling
Court affirmed finding that trustee could not avoid a mortgage lien since a record searcher could have reasonably discovered the lien despite recording errors.
Procedural posture
Chapter 13 trustee appealed a decision of the Bankruptcy Court for the Western District of New York, which granted summary judgment in favor of creditor, dismissing trustee's adversary proceeding, which sought to avoid a mortgage lien on certain real property of debtor pursuant to 11 U.S.C. § 544(a)(3).
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Court
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Bridge to Life Inc. v. Lucadamo (In re Bridge to Life Inc.)
May
16
2006
Ruling
Order denying reconsideration of second chapter 11 filing based on bad faith finding was upheld since the bankruptcy court found cause for dismissal and the order did not violate section 109(g).
Procedural posture
Appellant debtor filed a chapter 11 petition, but it consented to dismissal with prejudice. The debtor filed a second chapter 11 petition, which was dismissed sua sponte. The debtor moved for reconsideration, or in the alternative, for a stay pending appeal. The bankruptcy court denied both motions, and the debtor sought review.
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Court
:
- FRBP
Garza v. J.D. Foods Inc. (In re Garza)
May
15
2006
Ruling
Court upheld order finding that creditor's pre-bar date motion for relief from bankruptcy stay constituted an informal proof of claim that was timely filed.
Procedural posture
Appellant debtor sought review of an order of the bankruptcy court, which found that appellee creditor's motion for relief from the bankruptcy stay constituted an informal proof of claim that was timely filed.
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Court
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Reding v. Gallagher (In re Childs)
May
15
2006
Ruling
Law firm waived its right to withdrawal of reference for a jury trial since its withdrawal motion was not timely.
Procedural posture
Plaintiff bankruptcy trustees brought an adversary proceeding against defendants, two law firms and an attorney, alleging misappropriation of property belonging to estates of bankruptcy debtors. The only parties remaining in the case were the trustees and one firm and its attorney (collectively, the firm). The firm filed a motion under 28 U.S.C. § 157(d) for mandatory and permissive withdrawal of reference and transfer to the district court.
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Court
:
- 11 U.S.C.
Educ. Credit Mgmt. Corp. v. Spence
May
12
2006
Ruling
Court reversed bankruptcy court by ruling that debtor had not met three elements for determining debt dischargeability due to undue hardship.
Procedural posture
Before the court was appellant creditor's appeal of an order of the bankruptcy court, which fully discharged appellee debtor's student loan debt owed to the creditor. The creditor argued that the bankruptcy court erred by discharging the debtor's student loan because she would suffer an undue hardship if required to pay her student loan debt.
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Court
:
- 11 U.S.C.
In re FF Holdings Corp.
May
09
2006
Ruling
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
Procedural posture
Investment fund brought before the court an application for allowance of expenses from debtors pursuant to 11 U.S.C. § 503(b)(3) and (4). Debtors did not oppose the fund's application; however, the trustee filed an objection.
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Court
:
- 11 U.S.C.
Tidewater Fin. Co. v. Williams
May
09
2006
Ruling
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
Procedural posture
Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
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Court
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In re S. Beach Secs.
May
05
2006
Ruling
Court reversed dismissal based on bad faith finding and remanded to revisit bad faith filing issue.
Procedural posture
Debtor filed a petition for bankruptcy pursuant to chapter 11. The bankruptcy court dismissed the petition, finding that it had been filed in bad faith under 11 U.S.C. § 1112(b). Debtor appealed the decision.
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Court
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In re Walker
May
01
2006
Ruling
Debtors were entitled to deduct from their current monthly income the average payment on debts secured by surrendered collateral.
Procedural posture
Petitioner debtors sought to deduct from their current monthly income ("CMI") under 11 U.S.C. § 707(b)(2)(A)(iii) the payments due on their secured debts despite their surrender of the collateral, a residence and vehicle, securing those debts. Respondent trustee objected.
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Court
:
- 11 U.S.C.
Continental Mfg. Co. Ltd. v. Sommers (In re Contractor Tech. Ltd.)
Apr
26
2006
Ruling
Transfer was deemed avoidable since check did not clear until postfiling.
Procedural posture
Appellant company sought judicial review of a decision by the Bankruptcy Court for the Southern District of Texas granting summary judgment in favor appellee bankruptcy trustee in an avoidance proceeding under 11 U.S.C. § 549.
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Court
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