Kline v. Tiedemann (In re Kline)
Feb
08
2010
Ruling
Summary judgment granted in favor of creditors in stay violation proceeding.
Procedural posture
Debtor sought compensatory and punitive damages, costs and interest under 11 U.S.C.S. § 362(h) against defendants "C," "T," and "M." Debtor also sought damages based on "M"'s alleged deceit or collusion in violation of N.M. Stat. Ann. § 36-2-17. The matter was before the court on various motions for summary judgment filed by all parties.
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Court
:
- 11 U.S.C.
In re Texas Reds. Inc.
Jan
15
2010
Ruling
Agreement by trustee to conditional relief from stay constituted an acknowledgement of creditor's unpaid claim regardless of state statute of limitations.
Procedural posture
Sellers of real property to a bankruptcy debtor sought the balance of the down payment for the property, but the bankruptcy trustee asserted that the sellers' claim was barred by the statute of limitations and by the sellers' undue delay in seeking to enforce the sale contract. The sellers moved for summary judgment.
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Court
:
Gonzales v. Gorsich (In re Texas Reds. Inc.)
Jan
14
2010
Ruling
Trustee's proceeding to collect prepetition account receivable was related to debtor's bankruptcy.
Procedural posture
This matter was before the court on the motion to dismiss for absence of core proceeding jurisdiction filed by defendants. Defendants sought dismissal of this adversary proceeding on the ground that plaintiff trustee's claim to collect a pre-petition account receivable was a non-core proceeding, and that, consequently, the court lacked jurisdiction to adjudicate the claim.
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Court
:
In re Platinum Oil Props. LLC
Dec
23
2009
Ruling
Approval of debtor's counsel's interim fee applications conditioned on supplemental disclosure of representation of parties with adverse interests to estate.
Procedural posture
Debtor's counsel submitted its first interim fee application sought allowance of compensation in the amount of $ 151,139.36 for fees and $ 4,646.12 for expenses. Creditor filed an objection to the fee application, asserting that the debtor did not own the interests it claimed in two oil and gas leases, and that the counsel represented parties that held adverse interests, and failed to make a proper disclosure under Fed. R. Bankr. P. 2014(b).
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Court
:
In re Crawford
Dec
14
2009
Ruling
Case dismissed where required credit counseling was received 181 days prior to petition date.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and the clerk of court issued an order requiring the debtors to show cause why their case should not be dismissed for failure to comply with the credit counseling requirements mandated by 11 U.S.C.S. § 109(h). The court held a hearing on the order to show cause.
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Court
:
In re Runnels Broad. Sys. LLC
Dec
01
2009
Ruling
Debtor's lawyer from prior chapter 11 case lacked standing to object to chapter 7 trustee's final report.
Procedural posture
Before the court was the chapter 7 Trustee's Final Report (TFR) and application for compensation in the amount of $ 81,976 pursuant to 11 U.S.C.S. § 326(a). A law firm that previously represented the debtor in its chapter 11 case (chapter 11 law firm) filed an objection to the TFR and application for compensation.
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Court
:
- 11 U.S.C.
Kline v. Deutsche Bank Natl Trust Co. (In re Kline)
Nov
25
2009
Ruling
Violation of stay not established where creditor's knowledge of filing was unclear.
Procedural posture
Debtor filed an adversary proceeding against defendants, a bank and the bank's attorney, claiming that the bank and the attorney violated 11 U.S.C.S. § 362(a)(1), (3), (4), (5), and (6), and that the attorney violated N.M. Stat. Ann. § 36-2-17, when they prosecuted a foreclosure action against real property the debtor owned after the debtor declared bankruptcy. The parties filed cross- motions for summary judgment.
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Court
:
- FRBP
Wright v. Vanderbilt Mortg. & Fin. Inc.
Oct
30
2009
Ruling
Debtor lacked standing to pursue previously unscheduled prepetition cause of action.
Procedural posture
Plaintiff debtor filed an amended adversary complaint against defendants, her mortgage lender, its law firm, and related parties for, among other claims, willful violation of the automatic stay. The debtor had not scheduled any of her prepetition causes of action anywhere in her bankruptcy papers. The defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
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Court
:
In re Integrated Tech. Solutions Inc.
Sep
17
2009
Ruling
Claim allowed in reduced amount where judgment for larger sum was obtained in violation of stay.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a creditor filed a claim against the debtor's bankruptcy estate in the amount of $ 198,464. The debtor filed an objection to the creditor's claim.
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Court
:
In re Melendez Concrete Inc.
Sep
15
2009
Ruling
Motion to dismiss or convert chapter 11 case for cause denied provided debtor rectified failure to comply with filing requirements and obtain insurance.
Procedural posture
This matter came before the court on a creditor bank's motion to dismiss or convert debtor's chapter 11 case to chapter 7 under 11 U.S.C.S. § 1112(b).
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Court
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