In re Spisak
Feb
22
2007
Ruling
Extension of time to pay filing fee granted due to delay caused by litigation of issue of fee waiver.
Procedural posture
The debtor filed for relief under chapter 7 and was required to make the last installment payment of his filing fee no later than March 2, 2007. In an earlier proceeding the court issued an order to show cause against the debtor because of the debtor's failure to make the January 31, 2007 filing fee installment payment of $75.
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Court
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In re OCA Inc.
Dec
29
2006
Ruling
Plan confirmation denied as grant of participation rights to junior class of equity holders without paying unsecured creditors in full violated absolute priority rule.
Procedural posture
Bankruptcy debtors sought confirmation of a plan of reorganization by non- consensual cramdown pursuant to 11 U.S.C. § 1129(b), but a creditor, the former principal of the primary debtor, objected to plan confirmation on the grounds that the plan undervalued the debtors and contravened the absolute priority rule.
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Court
:
- 11 U.S.C.
In re Hill
Nov
30
2006
Ruling
Unearned portion of debtor's attorney's retainer became property of the estate upon filing.
Procedural posture
Trustee filed a motion to compel turnover of funds held by chapter 7 debtor's attorney.
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Court
:
- 11 U.S.C.
United States v. Bartlett (In re Bartlett)
Nov
02
2006
Ruling
Debtors whose expired right of redemption was reinstated by district court could reinstate and cure mortgage.
Procedural posture
Defendant United States of America, acting on behalf of the Rural Housing Service, and chapter 13 debtors cross-moved for summary judgment on the second count of the government's complaint, which sought a declaration that debtors'residence was not property of their bankruptcy estate.
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Court
:
- 11 U.S.C.
McCrey v. Hughes (In re Hughes)
Oct
30
2006
Ruling
Existence of romantic relationship did not create trust relationship between creditor and debtor to whom creditor entrusted funds.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) and (a)(6).
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Court
:
- 11 U.S.C.
In re Pool
Sep
27
2006
Ruling
Creditor covered by section 1325(a)(5) "hanging paragraph" was not entitled to a deficiency upon surrender of collateral.
Procedural posture
Debtors sought confirmation of their second amended chapter 13 plan. All other objections to confirmation had been resolved except for an objection raised by a creditor that financed debtors'purchase of a car, so the court considered whether the creditor's objection was properly sustained. At issue was the effect on that claim of the "hanging paragraph" enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Court
:
- 11 U.S.C.
In re Fibermark Inc.
Sep
06
2006
Ruling
Debtors' attorneys' fees allowed except for fees for administrative tasks and other insufficiently supported expenses.
Procedural posture
The court pursuant to 11 U.S.C. § 330 considered the final applications for fees and expenses of lead bankruptcy counsel for chapter 11 debtors, local counsel for debtors, special counsel for debtors, auditors for debtors, and restructuring accountant for debtors.
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Court
:
- 11 U.S.C.
Harris v. Adams (In re Adams)
Aug
29
2006
Ruling
Claim for damage to auto caused when debtor repairer's son drove creditor's vehicle after hours was not due to willful and malicious conduct by debtor and was dischargeable.
Procedural posture
Plaintiff owner of a vehicle brought an adversary proceeding against defendant bankruptcy debtor, who operated an automobile repair shop, seeking a determination that a debt to the owner for damage to the vehicle was not dischargeable under 11 U.S.C. § 523(a)(6) based on willful and malicious injury from the unauthorized use of the vehicle by the debtor's son. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Lightfoot v. Landry (In re Lightfoot)
Aug
25
2006
Ruling
Revocation of discharge for failure to disclose motorcycle denied where trustee knew of alleged fraud, but failed to act prior to deadline for objection to discharge.
Procedural posture
Plaintiff chapter 7 trustee sued defendant debtors, seeking to revoke their discharge under 11 U.S.C. § 727(d)(1) on the ground that they failed to disclose a motorcycle on their original bankruptcy schedules. The bankruptcy court held a trial on the complaint.
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Court
:
- 11 U.S.C.
In re Hess
Aug
14
2006
Ruling
Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.
Procedural posture
Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.
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Court
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