In re Gregory Rockhouse Ranch
Dec
21
2007
Ruling
Artificial impairment of non-insider claim for sole purpose of manufacturing plan acceptance from an impaired creditor not permissible.
Procedural posture
Debtors'bankruptcy proceedings were jointly administered. The matter was before the court on confirmation of debtors'plans of reorganization. A creditor objected to confirmation.
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Court
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In re Veltmann
Nov
21
2007
Ruling
Dismissal warranted where debtor had not filed plan, disclosures or monthly operating reports and where proceeds of sale of partnership outside bankruptcy might satisfy creditors.
Procedural posture
Debtors filed a voluntary petition under chapter 11, and the United States Trustee ("UST") filed a motion to dismiss the case or convert it to one under chapter 7. The State of New Mexico, Taxation and Revenue Department, joined the UST's motion seeking conversion, while other creditors supported dismissal.
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Court
:
- 11 U.S.C.
In re Hart
Nov
07
2007
Ruling
Attorneys'fees approved less billings for purely secretarial task of drafting letters.
Procedural posture
Counsel for the bankruptcy debtors filed an application for the allowance and payment of compensation and reimbursement of expenses and costs, pursuant to 11 U.S.C. § 330.
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Court
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In re Johnson
Oct
29
2007
Ruling
Chapter 7 debtor's motion to reconvert to chapter 13 denied as late notice of deadline for objection was prejudicial to creditors.
Procedural posture
Debtors originally filed a voluntary petition under chapter 13 and later converted their case to chapter 7 in response to the chapter 13 trustee's motion to dismiss for failing to make timely payments. Debtors sought to reconvert their chapter 7 case to a chapter 13 case under 11 U.S.C. § 706(a).
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Court
:
- 11 U.S.C.
In re Nolen
Oct
29
2007
Ruling
Extension of time for trustee to file motion to dismiss for presumption of abuse denied.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 7. A United States trustee filed a motion for an extension of time in which to file a motion to dismiss under 11 U.S.C. § 707(b)(3). The court held a hearing and issued findings and conclusions.
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Court
:
- 28 U.S.C.
In re Sgaverdea
Oct
23
2007
Ruling
Quarterly fees for small business debtor were to be calculated based on disbursements regardless of source, including ordinary business expenses.
Procedural posture
In connection with confirmation proceedings relative to a plan proposed by debtor, an individual who had filed a small business chapter 11 bankruptcy, debtor and the U.S. Trustee sought a ruling from the court as to whether fees owed to the trustee post-confirmation under 28 U.S.C. § 1930(a)(6) were to be calculated as a percentage of all of debtor's disbursements.
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Court
:
- 11 U.S.C.
Quicken Loans Inc. v. Splawn (In re Splawn)
Sep
17
2007
Ruling
Discharge denied due to debtors'failure to disclose sale of home and use of proceeds within one year of filing.
Procedural posture
Plaintiff lender filed an adversary proceeding against defendant chapter 7 debtors, seeking a judgment finding that the debtors were not entitled to an order discharging their debts because they violated 11 U.S.C. § 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A) and (a)(5), inter alia, by concealing property, transferring property within one year of the date they filed bankruptcy, making false oaths, and failing to keep adequate records.
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Court
:
- 11 U.S.C.
Jagow v. Grunwald (In re Allied CarriersExchange Inc.)
Sep
04
2007
Ruling
Payments properly held to be preferential where debtor held a receivable in excess of nine million dollars.
Procedural posture
Defendant, a member of a chapter 7 debtor, appealed a decision of the Bankruptcy Court for the District of Colorado, which held that the member had received preferential payments from the debtor under 11 U.S.C. § 547.
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- 11 U.S.C.
In re Mondragon
Aug
24
2007
Ruling
Case dismissed for actual showing of substantial abuse despite prior stipulation that case was filed in good faith and did not raise presumption of abuse.
Procedural posture
Although it was stipulated that bankruptcy debtors'chapter 7 petition did not raise a presumption of abuse and that the debtors filed the petition in good faith, the U.S. Trustee moved to dismiss the petition under 11 U.S.C. § 707(b)(3) on the ground that the totality of the debtors'financial circumstances indicated an abuse of chapter 7 bankruptcy.
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Court
:
- 11 U.S.C.
Los Alamos Natl Bank v. Potter (In re Potter)
Aug
13
2007
Ruling
Attorney sanctioned for filing action against creditor bank in violation of stay.
Procedural posture
Plaintiff bank filed a motion for an order holding defendant attorney in contempt of court and imposing sanctions. The bank claimed that the attorney violated an order the bankruptcy court issued, and also violated the automatic stay imposed by 11 U.S.C. § 362(a)(3), when he filed a lawsuit against the bank in federal district court in California.
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Court
: