- 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
:
- FRBP
Virginia Hospital Center-Arlington Health Sys. v. Akl (In re Akl)
Jun
15
2011
Ruling
Sanctions against creditor hospital's counsel denied absent malicious intent in filing motion to strike.
Procedural posture
Defendant debtor filed a motion for sanctions under Fed. R. Bankr. P. 9011 against plaintiff hospital's counsel (hereafter "counsel") for filing his October 24, 2008, Motion to Strike, Dismiss, and Otherwise Deny Defendant's Motion for Sanctions Under 28 U.S.C.S. § 1927, in the alternative for exercise of the court's inherent power to sanction the hospital and its counsel.
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Court
:
In re Jackson
Mar
04
2011
Ruling
Debtor's third case filed prior to dismissal of second case for failure to comply with credit counseling requirement dismissed as an abuse of the bankruptcy system.
Procedural posture
Debtor filed a petition under chapter 13, and a trustee who was appointed to administer the debtor's bankruptcy case filed a motion to dismiss the case and asked the court to issue an order requiring the debtor's counsel to disgorge his fees and imposing sanctions on the debtor's counsel pursuant to Fed. R. Bankr. P. 9011.
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Court
:
White v. Wachovia Dealer Servs. (In re Wyatt)
Nov
17
2010
Ruling
Trustee could avoid lien on debtor's truck and recover postpetition payments to secured creditor.
Procedural posture
Chapter 7 trustee commenced this adversary proceeding against defendant lender seeking to recover postpetition payments made by the debtor to the lender with respect to the loan on the debtor's truck. The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Maximum Developers Invs. LLC
Apr
30
2010
Ruling
Fraudulent release of lien did not deprive creditor of secured claim.
Procedural posture
The court's memorandum decision supplemented an earlier oral decision regarding the objection of an individual and a retirement plan (collectively "objector") to the claim of a lienholder (assigned Claim No. 12 on the claims register).
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Court
:
- 11 U.S.C.
In re Bowers
Feb
26
2010
Ruling
Automatic stay did not bar proceeding against debtor's employer for reasonable value of services provided by debtor and accepted for free.
Procedural posture
Debtor's motion sought to hold a creditor in contempt for allegedly violating the automatic stay of 11 U.S.C.S. § 362(a) by proceeding in the Superior Court to attempt to recover a judgment against her employer under D.C. Code § 16-579.
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Court
:
- 11 U.S.C.
In re Roemer
Dec
28
2009
Ruling
Debtor could modify claim secured by condominium that was not debtor's primary residence.
Procedural posture
Debtor sought a ruling that her plan could treat the claim of a bank secured by debtor's condominium as secured only to the extent of the value of that property. Pending were debtor's motion for summary judgment, and the bank's motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Brammer
Dec
16
2009
Ruling
Anti-modification provision did not extend to determine eligibility for chapter 13 relief.
Procedural posture
Before the court was the chapter 13 trustee's motion to dismiss debtors' bankruptcy case with prejudice based on 11 U.S.C.S. §§ 101(30), 109(e), ineligibility and bad faith. The court limited this decision to determining whether grounds existed for dismissing the case based on ineligibility under 11 U.S.C.S. § 109(e)'s debt limitation provision.
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Court
:
In re Foskey
Oct
19
2009
Ruling
Tax sale was not a violation of stay.
Procedural posture
The debtor brought a motion to sell real property free and clear of liens, and asserted that the purchaser of the real property at a postpetition tax sale had violated the automatic stay of 11 U.S.C.S. § 362(a). The purchaser asserted that the automatic stay was either inapplicable or not violated by the tax sale and issuance of the tax deed pursuant to D.C. Code § 47-1340-1342.
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Court
:
- 11 U.S.C.
In re Linton Props. LLC
Jan
16
2009
Ruling
Contract rights of successful bidder at auction by debtor in possession precluded abandonment of property of the estate.
Procedural posture
A bankruptcy trustee proposed to abandon real property of the estate after an auction of the property by a bankruptcy debtor in possession. The successful bidder for the property at the auction objected to abandonment.
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Court
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