- 11 U.S.C.
In re Perez
Sep
19
2014
Ruling
Creditor's postpetition, preconfirmation attorneys' fees allowed.
Issue(s)
Should creditor lender's postpetition, preconfirmation attorneys' fees be allowed?
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- 11 U.S.C.
Gulf Offshore Logistics LLC v. Serian Exploration and Pros. Co. LLC
May
28
2014
Ruling
Claim of intervenor against broker with no formal tie to debtors was not subject to stay.
Issue(s)
Should intervenor be allowed to reopen case to pursue cross-claim against broker, agent, and charterer of vessels, barges and other marine equipment and services to the marine industry that held a claim against debtor, a company that was engaged in offshore drilling and exploration operations in the Gulf of Mexico?
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:
- 11 U.S.C.
AOP Intl Corp. v. Negrin (In re AOP Intl Corp.)
Mar
10
2014
Ruling
Transferee entitled to new value defense for personally paying debtor's vendors.
Issue(s)
Were transfers to employee, minority shareholder and sometime officer of the debtor avoidable as preferential payments to an insider?
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Brundage v. Anderson (In re Brundage)
Mar
07
2014
Ruling
Debtor entitled to state homestead exemption and avoidance of creditor's second lien.
Issue(s)
Whether debtor's real estate was exempt homestead at the time the debtor executed notes in favor of creditor and whether the creditor knew or should have known that the property was debtor's homestead?
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:
- 11 U.S.C.
In re Clark
Feb
26
2014
Ruling
Single postpetition communication by creditor to debtor for clarification did not violate stay.
Issue(s)
Was creditor's post-petition telephone conversation with debtor an attempt to collect a debt in violation of the automatic stay and if so, was imposition of sanctions warranted?
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:
- 11 U.S.C.
In re Bourbon Saloon Inc.
Oct
11
2013
Ruling
Debtor had assumed lease pursuant to agreed order.
Issue(s)
Whether lease between debtor and the lessor had been assumed and whether defaults existing at the time the lease was assumed had been cured.
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- 11 U.S.C.
Ball Four Inc. v. 2011-SIP-1 CRECADC Venture LLC (In re Ball Four Inc.)
Sep
30
2013
Ruling
Predecessor bank's alleged inequitable conduct was not grounds for disallowance of claim by successor creditor.
Issue(s)
Was purchaser of debtor's construction loan subject to disallowance of its claim due to mishandling of loan by original lender.
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- 11 U.S.C.
In re R. Brown & Sons Inc.
Sep
18
2013
Ruling
Storage companies that held property levied by sheriffs were entitled to administrative expense claim for fees.
Issue(s)
Were storage companies that took possession of and stored debtor's property that had been seized by sheriff's entitled to fees.
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Court
:
- 11 U.S.C.
In re River Canyon Real Estate Invs. LLC
Jul
29
2013
Ruling
Section 1111(b) election by one member of two member class was invalid as not made by "more than half" of class.
Issue(s)
Whether only one member of a two-member class of secured creditors, with liens of equal priority on the same collateral, may validly make an election.
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Court
:
- 11 U.S.C.
In re Anderson
Jul
26
2013
Ruling
Debtor could avoid lien recorded before debtor acquired property and which impaired homestead exemption.
Issue(s)
Whether chapter 7 debtors were allowed under 11 U.S.C.S. § 522(f)(1)(A) to avoid the in rem portion of a judicial lien a bank held on real property they purchased after the bank recorded its judgment, in which they claimed a homestead exemption.
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