In re Hale-Halsell Co.
Jul
01
2008
Ruling
Creditor's committee's counsel's application for enhanced fee denied.
Procedural posture
Counsel for a committee of unsecured creditors of a chapter 11 debtor filed a motion for approval of its compromise with the United States Trustee, which sought to adjust a fee arrangement under 11 U.S.C.S. § 328(a) to increase the amount of compensation paid to it.
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Court
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In re Chalakee
Feb
27
2008
Ruling
Debtors' objections to creditors' proofs of claim for credit card debt overruled.
Procedural posture
Creditors filed proofs of claim asserting that bankruptcy debtors owed credit card debt to the creditors, and the debtors objected to the creditors' claims on the ground that the amounts claimed to be owed were disputed.
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Court
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In re Engles
Feb
27
2008
Ruling
Debtors could not obtain revocation of own discharge.
Procedural posture
When a reaffirmation agreement for a vehicle loan was not executed or filed by a creditor, that debt was discharged. The debtors filed a motion for relief from the discharge order under Fed. R. Civ. P. 60(b)(1) or (6) and Fed. R. Bankr. P. 9024 and a request for approval of the reaffirmation agreement.
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Court
:
- 11 U.S.C.
In re Kendall
Dec
27
2007
Ruling
Claim disallowed due to lack of documentary support.
Procedural posture
The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Makres
Dec
07
2007
Ruling
Presumption of abuse did not arise where debtor properly completed Form B22A means test.
Procedural posture
The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b)(2). The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Wieland v. Harvey (In re Harvey)
Oct
16
2007
Ruling
Debtor's failure to disclose assets and material omissions justified denial of discharge but co- debtor spouse was granted a discharge.
Procedural posture
Plaintiff United States Trustee ("UST") objected to the discharge of defendants, a debtor and his co-debtor, pursuant to 11 U.S.C. § 727(a)(4)(A).
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Court
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In re Callahan
Oct
11
2007
Ruling
Store inventory purchased from lessor was property of the estate.
Procedural posture
Plaintiff trustee sought summary judgment that defendant vendor's repossession of inventory in the possession of debtors was an avoidable preference under 11 U.S.C. § 547(b). Defendant cross-moved for summary judgment on a claim that the inventory, which debtors bought from defendant in connection with their lease of his convenience store, was not debtors'"property" under section 547 and that its value was less than the minimum required therein.
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Court
:
- 11 U.S.C.
Davis v. Hoserman (In re Hosterman)
Oct
09
2007
Ruling
Hold harmless obligation contained in divorce decree was nondischargeable due to BAPCA elimination of "balancing test."
Procedural posture
Plaintiff creditor, the former wife of defendant debtor, brought an adversary proceeding to determine whether a hold harmless provision in the parties'decree of divorce, whereby the debtor agreed to hold the former wife harmless as to various credit card debts, constituted a nondischargable obligation of the debtor within the meaning of 11 U.S.C. § 523(a)(15).
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Court
:
- 11 U.S.C.
Custom Heating & Air Inc. v. Andress (In re Andress)
Aug
17
2007
Ruling
Contractual penalty for debtor's violation of non-compete covenant was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523. The district court remanded the matter and instructed the bankruptcy court to reassess the damages attributable to loss of goodwill by the creditor as a result of the debtor's willful and malicious conduct.
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Court
:
- 11 U.S.C.
In re Brown
Jun
29
2007
Ruling
Attorney for debtors in dismissed chapter 12 cases ordered to disgorge fees due to failure to filed application or disclose agreement.
Procedural posture
Before the court was the issue of whether fees paid to the attorney for chapter 12 debtors should be approved postpayment.
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Court
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