Consumer

In re Winn-Dixie Stores Inc.

Movant lessor sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d) to commence eviction procedures with respect to respondent debtor's store.
Ruling: 
Court denied lessor's motion for relief from automatic stay since debtor could still possibly assume or reject lease under section 365.
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In re Joseph

The chapter 7 trustee filed a motion to approve a settlement between the debtor and his former law firm of which he was a partner. Taking into account all of the awards the law firm and the debtor owed each other, as of the petition date, the law firm owed the debtor a net amount of about $519,000. The debtor's former wife, who was also a creditor, objected to the settlement motion.
Ruling: 
Court granted trustee's motion to approve settlement since it did not fall below the lowest point in the range of reasonableness.
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In re Bryant

Debtors filed a motion to hold the IRS in contempt and impose sanctions for violating the discharge injunction of 11 U.S.C. § 524. The IRS moved to quash the debtors'motion.
Ruling: 
Court ordered the IRS to show cause why it should not be held in contempt for violating a discharge injunction by attempting postdischarge to collect trust fund taxes.
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Chase Manhattan Mortg. Corp. v. Shapiro (In re Lee)

Appellant creditor challenged the decision entered by the bankruptcy court, which granted summary judgment in favor of appellee trustee, in an adversary proceeding. The trustee moved for judgment upon his claim to avoid the creditor's mortgage as a preferential transfer under 11 U.S.C. § 547.
Ruling: 
Creditor's refinance mortgage was deemed not preferential since under the earmarking doctrine the debtor's estate was valued the same before and after the refinance transaction.
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In re Farthing

Bankruptcy debtors listed the value of their residence in their schedules and claimed an exemption to the maximum amount allowed under state law, and existing liens and the exemption resulted in no equity in the residence. The debtors objected to the trustee's proposed sale of the residence for substantially more than its listed value.
Ruling: 
Court rejected debtors' argument that trustee needed to timely object to the valuation of debtors'residence since Rule 4003(b) only required a timely objection to the exemption in the residence.
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Estate of Centennial Communs. v. Longtain (In re Centennial Communs.)

Appellant debtor sought review of a decision of the bankruptcy court that denied its motion for reconsideration of an earlier order that allowed a creditor's claim for a super- priority administrative expense and allowed the creditor to share in a pro rata distribution for the remainder of her claim, which included a loan to the debtor or its officers.
Ruling: 
Court affirmed an order that allowed a creditor's claim for a super-priority administrative expense since the amounts the creditor advanced were shown to be for the estate's benefit.
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In re Adell

The debtor filed an emergency motion for reconsideration after the court entered an order dismissing his chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a).
Ruling: 
Reconsideration of dismissal denied where debtor had purchased home in Florida with exempt assets in attempt to avoid creditors.
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Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.)

After the debtors' chapter 11 plan was confirmed, plaintiff contractor brought an adversary proceeding against defendant purchaser, seeking a declaration that the debtors'assignment of a subcontract to the purchaser was invalid and remained in the estate, and seeking an injunction against the purchaser from further prosecuting the subcontract in state court. The parties cross- moved for summary judgment; the purchaser moved for abstention.
Ruling: 
Court ruled that it did not have jurisdiction over an action involving the assigment of a subcontract since the subcontract was created independent of the bankruptcy and did not impact postconfirmation distributions to creditors.
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In re Johnson

The court conducted a hearing on debtor's motion to extend the automatic stay and the creditor's opposition thereto. The court granted debtor's motion in open court and asked debtor's attorney to submit an order. The court signed the order granting the motion, but due to the nature of the creditor's opposition to the motion, the court entered a memorandum opinion clarifying its ruling.
Ruling: 
Creditor could not foreclose on the debtor's home since the stay did not automatically end after 30 days with respect to the debtor's home and thus remained in effect until the debtor's case was dismissed or discharged.
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In re Habash

Appellant creditor filed an adversary complaint to revoke appellee debtor's chapter 7 discharge in the bankruptcy court. The bankruptcy court dismissed the complaint with prejudice and the creditor appealed.
Ruling: 
Proceeding for revocation of discharge properly dismissed as untimely where creditor should have been capable of filing within time limits.
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