- 11 U.S.C.
Cates, In re--Walters v. Cates
Mar
04
2013
Ruling
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Cates, In re--Walters v. Cates
Mar
04
2013
Ruling
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Rodriguez
Feb
11
2013
Ruling
Objection to confirmation sustained and extension of stay denied due to debtor's inability to propose confirmable plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, asked the court to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3)(B), proposed a first amended plan for paying his creditors. The debtor's ex-wife filed an objection to the debtor's motion to extend the stay and to confirmation of the debtor's plan. The court held a hearing on the debtor's request for confirmation and the ex-wife's objections.
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Court
:
- 11 U.S.C.
Marquez v. ADP Inc. (In re Marquez)
Jan
04
2013
Ruling
Debtor lacked standing to bring proceedings for turnover and violation of stay relating to garnished funds in which debtor claimed exemption.
Procedural posture
Defendants, parties with some involvement in a garnishment of funds belonging to plaintiff, a chapter 7 debtor, moved to dismiss debtor's adversary complaint for turnover per 11 U.S.C.S. § 542, for relief under 11 U.S.C.S. § 547, for violation of stay and damages per 11 U.S.C.S. § 362.
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Court
:
In re Otero County Hosp. Assn
Jan
04
2013
Ruling
Extension of time to file proof of claim denied due to absence of excusable neglect.
Procedural posture
A creditor filed an amended motion for extension of time to file a proof of claim pursuant to Fed. R. Bankr. P. 9006(b)(1), contending that her failure to file a proof of claim on or before the bar date was a result of excusable neglect. The chapter 11 debtor objected to the motion.
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Court
:
In re Quinn
Dec
28
2012
Ruling
Dismissal or conversion denied where failure to include information in disclosures was insufficiently egregious.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss debtors' chapter 7 bankruptcy case pursuant to 11 U.S.C.S. § 707(a), alternatively to convert the case to a chapter 11 proceeding.
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Court
:
- FRBP
In re Baca
Dec
20
2012
Ruling
Creditor estopped from claiming prepetition amounts beyond those in its response to chapter 13 trustee's notice of final cure payment.
Procedural posture
A chapter 13 trustee filed a notice of final cure payment under Fed. R. Bankr. P. 3002.1(f). The creditor responded, indicating that postpetition amounts remained due. The parties stipulated that the creditor's proof of claim was secured by the debtors' principal residence. The debtors orally moved that the creditor be estopped from later claiming any postpetition arrearages under the mortgage in excess of the amount specified in its response.
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Court
:
In re Mundy Ranch Inc.
Dec
10
2012
Ruling
Sale of land allowed free and clear of claim that was subject to bona fide dispute.
Procedural posture
Debtor, a family-owned corporation that was established under New Mexico law, filed a petition under chapter 11 of the Bankruptcy Code and sought permission to sell 32.25 acres of land it owned in New Mexico, free and clear of all interests in the property, pursuant to 11 U.S.C.S. § 363(f). A shareholder who owned 25 percent of the stock in the corporation filed an objection.
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Court
:
In re Young
Dec
07
2012
Ruling
Debtor in possession's attorneys' fees allowed with reductions for failure to disclose source of a portion of compensation and for excessive charges.
Procedural posture
Attorneys for former chapter 11 debtors-in-possession filed a first and final application for the allowance and payment of compensation as a chapter 11 administrative expense.
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Court
:
- 28 U.S.C.
Jefferson Pilot Invs. Inc. v. Cottonwood Corners Phase V LLC (In re Cottonwood Corners Phase V LLC)
Nov
26
2012
Ruling
Lien determination proceeding dismissed pursuant to permissive abstention due to primacy of state law issues.
Procedural posture
Defendant debtor filed a motion for abstention in plaintiff creditor's adversary proceeding to determine whether the creditor had a lien or other interests in the debtor's claim in another bankruptcy case.
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Court
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