In re IMG Healthcare LLC
Jul
08
2008
Ruling
General unsecured claim based on rejected executory contract calculated based on deemed breach on day before petition date.
Procedural posture
A trustee objected to a creditor's claim in a debtor's chapter 11 bankruptcy case.
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Court
:
- 11 U.S.C.
In re Carpenter
Jun
26
2008
Ruling
Premium due auctioneer not disclosed by trustee in application for employment appropriately charged against trustee's compensation.
Procedural posture
The chapter 7 trustee moved to modify, nunc pro tunc, the application to employ an auctioneer previously filed in the case, asserting that he had neglected, through inadvertence, to disclose to the court that an additional 10 percent buyer's premium was collected at the auctions and retained by the auctioneer as enhanced compensation pursuant to 11 U.S.C.S. § 330(a)(1).
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Court
:
Torch Offshore LLC v. C&D Marine LLC (In re Torch Offshore Inc.)
Jun
18
2008
Ruling
Transfers made outside of industry average payment period were not within ordinary course of business and were avoidable.
Procedural posture
Plaintiff trustee filed a complaint against defendant creditors to recover payments made to them by the debtors in the 90-day preference period, pursuant to 11 U.S.C.S. § 547(b).
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Court
:
In re Munzberg
Jun
03
2008
Ruling
Negative equity in vehicle was not part of PMSI and could be bifurcated.
Procedural posture
Bankruptcy debtors' chapter 13 plan proposed to pay a creditor secured by the debtors' vehicle the value of the vehicle, and to cram down the balance of the amount owed to the creditor as general unsecured debt. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation of its secured claim was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
:
- 11 U.S.C.
Floyd v. Price (In re Titanis Inc.)
May
01
2008
Ruling
Payments on loans incurred in ordinary course of business were not avoidable.
Procedural posture
Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid certain transfers from the debtor as preferential under 11 U.S.C.S. § 547 and as fraudulent under 11 U.S.C.S. § 548 and Tex. Bus. and Com. Code § 24.005.
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Court
:
- 11 U.S.C.
In re Alcazar
Apr
14
2008
Ruling
Winning bid at foreclosure sale constituted reasonably equivalent value.
Procedural posture
Creditor filed a motion to determine the inapplicability of automatic stay or, alternatively, for relief from the automatic stay. The debtor filed an objection. At the hearing, the court determined that no stay was in effect, and the parties agreed to treat the debtor's objection to the motion for relief from the stay as a complaint to avoid the sale of property pursuant to 11 U.S.C.S. §§ 547 or 548.
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Court
:
- 11 U.S.C.
In re Dagen
Mar
26
2008
Ruling
Former spouse's post-confirmation efforts to collect debtor's post-petition support obligations did not violate stay.
Procedural posture
A chapter 13 debtor filed a motion for sanctions against his former wife, contending that the wife had improperly attempted to collect support payments from his disability income in violation of the automatic stay of 11 U.S.C.S. § 362 and his confirmed chapter 13 plan.
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Court
:
- 11 U.S.C.
Sender v. Love Funeral Home (In re Potter)
Mar
26
2008
Ruling
Payments by debtor to funeral home from proceeds of deceased debtor spouse's life insurance were not avoidable as debtor was initial transferee.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant funeral home, alleging that a chapter 7 debtor made postpetition transfers to the funeral home that were avoidable under 11 U.S.C.S. § 549. The trustee sought an order requiring the funeral home to return money it received to the debtor's bankruptcy estate, pursuant to 11 U.S.C.S. §§ 550 and 551. The funeral home opposed the trustee's action.
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Court
:
- 11 U.S.C.
Miller v. Cameron (In re Miller)
Mar
18
2008
Ruling
Dismissal for failure to file single payment advice reversed as year-to-date information on final stub was sufficient evidence of payment.
Procedural posture
Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of Utah, which dismissed his chapter 7 bankruptcy case under 11 U.S.C.S. § 521(i)(1) for noncompliance with § 521(a)(1)(B)(iv).
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Court
:
Judge or Jurisdiction information not available
Parks v. FIA Card Serv. (In re Marshall)
Feb
27
2008
Ruling
Bankruptcy court properly held that bank to bank transfers of credit were not preferential.
Procedural posture
Appellant trustee challenged a final order and judgment wherein a bankruptcy court designated transfers of the debtors made within the 90 day avoidable period provided under 11 U.S.C.S. § 547(b) to fail to qualify as a "transfer of interest in property." Consequently, the disputed transfers were excluded from the bankruptcy estate. The trustee contended that the disputed transfers were preferential.
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Court
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