In re Turner
Apr
02
2013
Ruling
Debtor could not exercise trustee's powers to avoid deed of trust.
Procedural posture
Before the court was debtor's objection to secured status asserted by a creditor's proof of claim.
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Court
:
- 28 U.S.C.
Fennel v. Yelverton (In re Yelverton)
Mar
19
2013
Ruling
Waiver of filing fee for debtor's appeal denied given exemption allowed by bankruptcy court.
Procedural posture
A chapter 7 debtor filed an application seeking an order granting leave to pursue his appeal from an order denying his motion for summary judgment without prepaying or providing security for the appeal filing fees. The court assumed that he was seeking such an order pursuant to 28 U.S.C.S. § 1915(a)(1) or alternatively, 28 U.S.C.S. § 1930(f)(2).
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Court
:
In re Pilate
Mar
06
2013
Ruling
Current possession of inheritance funds that were property of the estate was not a prerequisite to recovery by trustee.
Procedural posture
The chapter 7 trustee filed a motion for summary judgment, Fed. R. Civ. P. 56, seeking a judgment against debtor for the balance of the $30,406 of inheritance funds debtor received and that were property of the estate, but that debtor had not delivered to the trustee.
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Court
:
Stancil v. Bradley Invs. LLC (In re Stancil)
Feb
25
2013
Ruling
LLC ordered to turn over property bought from trustee of investors group after debtor defaulted on note payments.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendants, a note holder, a trustee, an auction company, an LLC that bought property the trustee sold, and a group of investors, seeking damages under 11 U.S.C.S. § 362(k) and an order under 11 U.S.C.S. § 542(a) which required the LLC to turn over the property. The debtor and the LLC filed cross-motions for summary judgment.
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Court
:
In re Rotunda
Feb
05
2013
Ruling
Motion to vacate granting of motion to reopen debtor's case to permit a trustee to be appointed to investigate pursuing a cause of action denied.
Procedural posture
A state court defendant to a cause of action pursued by a chapter 7 debtor sought to vacate an order that reopened the debtor's case to permit a trustee to be appointed to investigate pursuing the cause of action. The state court defendant alleged that it should have been allowed to oppose the debtor's motion to reopen and that judicial estoppel barred the debtor from obtaining an order reopening his case.
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Court
:
- FRBP
In re Gospel Rescue Ministries of Washington D.C. Inc.
Jan
07
2013
Ruling
Rule 9006(f) did not apply to alter earliest permissible date for hearing when Rule 4001(c)(2) notice was served by mail.
Procedural posture
When debtor used regular mail to serve its Fed. R. Bankr. P. 4001(c)(2) motion seeking authority to obtain credit, an issue arose as to whether Fed. R. Bankr. P. 9006(f) applied to alter the earliest permissible date for holding the hearing as established by Rule 4001(c)(2).
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Court
:
- 11 U.S.C.
Ross v. Department of Business and Econ. Dev. (In re Ross)
Jul
23
2012
Ruling
Transfer of debtor's interest in tenancy by the entireties property could be avoided.
Procedural posture
Plaintiff debtor filed an adversary complaint as a debtor-in-possession per 11 U.S.C.S. § 1101, exercising the powers of a trustee per 11 U.S.C.S. § 1107(a), seeking an order setting aside a deed of trust held by defendant state agency against property owned by him and his wife as tenants-by-the-entirety (TBET). At issue was whether he was entitled to such relief based on 11 U.S.C.S. § 544 and 11 U.S.C.S. § 547.
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Court
:
- 11 U.S.C.
In re Koo
Mar
02
2012
Ruling
Case dismissed where debtor received credit counseling a few hours after filing petition.
Procedural posture
Because the debtors received credit counseling a few hours after they filed a voluntary Chapter 13 petition, the court issued an order directing them to file an amended certificate of credit counseling or an amended Exhibit D, or to show cause why the case ought not be dismissed due to ineligibility under 11 U.S.C.S. § 109(h).
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Court
:
- 11 U.S.C.
In re Walkabout Creek Ltd. Dividend Hous. Assn Ltd. Pship
Nov
14
2011
Ruling
Confirmation of plan proposing reamortization of loans at low rate denied due to lack of feasibility.
Procedural posture
Affiliated debtors which owned low-income apartment complexes financed by a state housing agency proposed plans which provided that the agency was fully secured and that the agency loans would be reamortized with interest at a stated rate. The agency objected to confirmation of the debtors' plans.
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Court
:
- 11 U.S.C.
In re Chreky
Jul
25
2011
Ruling
Exemption in interest in LLC held by the entireties and created before creditors' claims arose allowed.
Procedural posture
Two judgment creditors, former employees of chapter 11 debtor's business, presented objections to the exemptions claimed by the debtor of his interests in a money market account, CDs, and CDARS accounts, and an interest in a limited liability company (LLC), as exempt under 11 U.S.C.S. § 522(b)(3)(B), on the basis that the accounts and LLC were held as tenancies by the entireties.
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Court
: