Skip to main content

Page Banner(Taxonomy)

judge brooks

In re Ott

Apr
12
2006
Ruling
Motion to vacate dismissal order was denied because the court did not have any discretion to enlarge the time limitations under section 521(i)(1) after the time limits under Rule 9006(b) and "excusable neglect"case law had expired.
Procedural posture

A chapter 7 matter was before the court on debtors'Motion to Vacate Order of Dismissal under Fed. R. Civ. P. 60(b), and to Permit a Late Filing under Fed. R. Bankr. P. 9006 (Motion to Vacate).

ABI Membership is required to access the full summary of In re Ott Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 12, 2006 , LexisNexis #0506-111
LexisNexis Article
Learn More

In re G.L. Bryan Invs.

Mar
08
2006
Ruling
Court ruled that debtor's fourth amended chapter 11 plan impaired creditors due to deferred payments and reduced interest rate on the judgment debt and, thus, entitled creditors to vote on debtor's second amended plan.
Procedural posture

A class of creditors held over $591,000 of the debtor's approximately $601,177 in unsecured debt as a result of a state court judgment against the debtor. The issues were whether these creditors were impaired under the debtor's fourth amended chapter 11 plan because (1) they were not receiving immediate payment of the amounts due, and (2) the interest rate under which they were to be paid was reduced from the state court judgment amount.

ABI Membership is required to access the full summary of In re G.L. Bryan Invs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 08, 2006 , LexisNexis #0506-061
LexisNexis Article
Learn More

Saal v. Helping People Succeed Inc. (In re Saal)

Mar
01
2006
Ruling
A debtor can avoid an entire lien that only, in part, impairs an exemption in accordance with the formula set forth in Code section 522(f)(2).
Procedural posture

Plaintiffs, debtors, filed a motion to avoid the fixing of a judicial lien of defendant creditor pursuant to 11 U.S.C. § 522(f)(1)(A). The creditor had a judicial lien on the debtors'interest in real property. The judgment lien secured an indebtedness presently past due and owing to the creditor in the approximate amount of $9,036.00 plus accrued interest. The debtors claimed a homestead exemption in the amount of $45,000.

ABI Membership is required to access the full summary of Saal v. Helping People Succeed Inc. (In re Saal) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 01, 2006 , LexisNexis #0306-122
LexisNexis Article
Learn More

In re TCR of Denver LLC

Feb
17
2006
Ruling
Court, in granting a debtor's motion for voluntary dismissal, interpreted Code section 1112(b) not to require all of the elements of "cause"to obtain dismissal.
Procedural posture

The debtor filed for bankruptcy under chapter 11 and then filed a motion for voluntary dismissal under 11 U.S.C. § 1112(b). The creditor filed a request for emergency action on the debtor's motion to dismiss bankruptcy. The court directed the filing of legal briefs on the question of dismissal of a chapter 11 case under the revised 11 U.S.C. § 1112(b) as a result of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

ABI Membership is required to access the full summary of In re TCR of Denver LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 17, 2006 , LexisNexis #0306-112
LexisNexis Article
Learn More
Subscribe to %1