- 11 U.S.C.
Henkel v. The Brothers Mill Ltd. (In re Eddy)
Apr
03
2015
Ruling
Limited partnership interest that debtor transferred to irrevocable trust was not property of the estate and not subject to turnover.
Issue(s)
Was limited partnership interest that debtor transferred to irrevocable trust subject to turnover?
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Court
:
In re Hancock
Mar
19
2015
Ruling
Debtor's thirteenth case dismissed with prejudice and 180-day filing bar.
Issue(s)
Should debtor's thirteenth case be dismissed due to failure to pay filing fees or comply with the credit counseling requirement?
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Court
:
- 11 U.S.C.
Laboon v. Goldberg (In re Goldberg)
Mar
05
2015
Ruling
Judgment debt was nondischargeable due to creditor's reliance on debtor's false representation that creditor would receive half of the profits of a joint venture.
Issue(s)
Whether creditor justifiably relied on the debtor's misrepresentations that creditor would receive one half of the profits of a joint venture so as to make the subsequent judgment debt nondischargeable.
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Court
:
- 11 U.S.C.
Nachimson, In re
Sep
19
2014
Ruling
Debtor's 2015 and 2016 tax liabilities were excepted from debtor's discharge as they fell withinthe three-year look-back period. (Bankr. W.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Tax Period and Type.
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Court
:
- 11 U.S.C.
Grillo v. JPMorgan Chase & Co.
May
30
2014
Ruling
Discharged debtor lacked standing to pursue unscheduled claims against lender, which remained property of the estate.
Issue(s)
Should debtor's case against lender based on loan modification be dismissed due to failure to list the claim in its bankruptcy schedules?
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Court
:
In re Market Ctr. E. Retail Prop.
Apr
10
2014
Ruling
Attorneys' contingency fee for sale of debtor's shopping center based on agreement not approved by bankruptcy court was excessive and ordered reduced.
Issue(s)
Was debtor's attorney entitled to contingency fee for sale of shopping center where the fee agreement had not been approved by the bankruptcy court?
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Court
:
In re Pauls Valley Hosp. Auth.
Jul
18
2013
Ruling
Chapter 9 debtor hospital required to pay legal fees and expenses of unsecured creditors' committee.
Issue(s)
Was chapter 9 debtor hospital required to pay attorneys fees and expenses of committee of unsecured creditors?
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Court
:
In re Cook
Feb
22
2013
Ruling
Debtor not entitled to waiver of filing fee for motion to withdraw reference.
Procedural posture
Before the court was debtor's Motion Contesting Additional Payment and its supplemental Errata, Corrections, etc. Among other related matters, a bank filed a response which was essentially an objection, and two other creditors filed Joinders in the Motion.
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Court
:
- FRBP
In re Millennium Multiple Emplr. Welfare Benefit Plan
Feb
18
2011
Ruling
Approval of settlement proposing to distribute significant assets to unsecured creditors denied as an impermissible sub rosa plan.
Procedural posture
The debtor, which was an employer welfare benefit plan, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. The debtor was now, and had been since its filing of the Chapter 11 petition, in possession of its assets and it had been operating as debtor-in- possession. The debtor and the official committee of unsecured creditors filed a joint motion for approval of settlement.
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Court
:
- 11 U.S.C.
Holbrook v. Country Mutual Ins. Co. (In re Burnett)
Jan
31
2011
Ruling
Postpetition liens on insurance settlement fund were avoidable entitling trustee to funds.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in his declaratory judgment action, claiming that he was entitled to possession, to the exclusion of defendants, post-petition medical lienholders and a post-petition health insurer, of a fund created by a court-approved settlement arising under an uninsured motorist insurance policy issued by defendant insurer. Three lienholders filed counter-motions for summary judgment.
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Court
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