Capitol Hill Group v. Pillsbury Winthrop Shaw Pittman LLC
Jun
26
2009
Ruling
Legal malpractice claim arising out of debtor's bankruptcy properly removed.
Procedural posture
In a legal malpractice case, appellant former client sought judicial review of the United States District Court for the District of Columbia's denial of its motion to remand and entry of summary judgment in favor of appellee law firm and various attorneys. The case had been removed under 28 U.S.C.S. § 1334(b), so-called arising in bankruptcy jurisdiction, and summary judgment had been granted under the doctrine of res judicata.
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Court
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Judge or Jurisdiction information not available
United States v. Nazar (In re Dawes)
Mar
12
2009
Ruling
Bankruptcy court properly held that postpetition capital gains taxes on proceeds of farm sale were general unsecured claims.
Procedural posture
Appellant objected to confirmation of appellee debtors' chapter 12 plan, which treated the capital gains taxes they owed from a postpetition sale of real property used for farming as a general unsecured claim. The bankruptcy court for the District of Kansas found that 11 U.S.C.S. § 1222(a)(2)(A) applied to the capital gain taxes, thereby denying the objection. The United States filed an interlocutory appeal.
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Court
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C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.)
Feb
03
2009
Ruling
Lease that did not terminate automatically upon filing of petition properly held to be assumable.
Procedural posture
Appellee bankruptcy debtor leased property from appellant lessor on which the debtor conducted coal mining operations, and the lessor moved for a finding that the lease was not assumable due to automatic default termination, or that the lease was a non-assignable personal services contract. The lessor appealed the order of the Bankruptcy Court for the District of Utah which denied the lessor's motion.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Hutchins
Jan
30
2009
Ruling
Plan confirmed over objection of creditor whose failure to be properly secured was not due to bad faith on part of debtor.
Procedural posture
The debtor filed a third amended chapter 13 plan which treated a bank's claim as unsecured. The bank objected to confirmation, asserting that it should have been deemed to have a perfected security interest in a dump truck that it had refinanced for the debtor.
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Court
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- 11 U.S.C.
Sensenich v. Ledyard Natl Bank (In re Campbell)
Dec
24
2008
Ruling
Creditor's destruction of estate property was a willful violation of stay.
Procedural posture
Plaintiffs debtor and trustee sued defendant creditor alleging violation of 11 U.S.C.S. § 362(a)(3). The second count alleged that the creditor's actions in destroying estate property were willful violations of the automatic stay, which entitled plaintiffs to punitive damages under § 362(k). Plaintiffs also sought a remedy under the court's civil contempt powers. Pending were the creditor's summary judgment motion and plaintiffs'cross-motions.
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Court
:
- 11 U.S.C.
In re R&G Properties Inc.
Nov
21
2008
Ruling
Receiver in foreclosure action was not entitled to extension of exemption from turnover requirements once term of original order expired.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and movant creditor filed an emergency motion seeking an order extending the bankruptcy court's order excusing a receiver who was appointed in a pre-petition state court foreclosure action from the turnover requirements of 11 U.S.C.S. § 543. The debtor opposed the motion.
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Court
:
- 11 U.S.C.
Jenkins v. Miley (In re Miley)
Oct
22
2008
Ruling
Workers' compensation judgment was not entitled to priority status.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 13 debtor, seeking a judgment that $ 10,950 of a workers' compensation judgment he obtained was entitled to priority under 11 U.S.C.S. § 507(a)(4). The court entered a judgment denying the creditor's complaint, and the creditor filed a motion for a rehearing and asked the court to provide its reasons for denying his complaint.
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Court
:
- 11 U.S.C.
Commission for Lawyer Discipline v. Neely (In re Neely)
Oct
10
2008
Ruling
Debtor lawyer's discharge denied due to fraudulent concealment and transfers.
Procedural posture
Plaintiff Texas Commission for Lawyer Discipline (CLD) filed an adversary proceeding against defendant chapter 7 debtor, seeking an adjudication that judgments it held were not dischargeable under 11 U.S.C.S. § 523(a)(7), denying the debtor's discharge under 11 U.S.C.S. § 727. The case was tried to the court.
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Court
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In re Pearce
Oct
01
2008
Ruling
Court declined to sanction creditor that purchased claims from original creditor for filing proofs of claim.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and objected to four claims that were filed against her bankruptcy estate. The court sustained the debtor's objection to three of the four claims and took under advisement the question of whether one of the creditors should be sanctioned for filing its proof of claim.
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Court
:
- 11 U.S.C.
In re Williams
Sep
12
2008
Ruling
Confirmation denied due to plan's failure to pay projected disposable income to unsecured creditors.
Procedural posture
In consolidated proceedings, the standing chapter 13 Trustee (Trustee) objected to plan confirmation in three separate cases. The parties in these cases contested the meaning of the phrases "projected disposable income" (PDI) and "applicable commitment period" (ACP) in 11 U.S.C.S. § 1325(b)(1)(B) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
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Court
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