- 11 U.S.C.
In re Carlsbad Dev. LLC
Mar
06
2009
Ruling
Relief from stay to allow undersecured creditor to foreclose on apartment complex granted where chapter 11 plan was not likely to be confirmed in a reasonable period.
Procedural posture
A single asset real estate debtor filed a petition under chapter 11 of the Bankruptcy Code and a plan for reorganizing its business. A creditor filed a motion seeking relief under 11 U.S.C.S. § 362(d)(2) and (3) from the stay that was imposed when the debtor declared bankruptcy. The motion was tried to the court.
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Court
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In re C.W. Mining Co.
Sep
17
2008
Ruling
Creditor that did not receive involuntary debtor's check for balance of debt until after petition date was an eligible petitioning creditor.
Procedural posture
One of the three creditors that filed an involuntary bankruptcy petition against the putative debtor, moved for partial summary judgment regarding their eligibility to commence the involuntary case, based upon their holding undisputed claims against the debtor, under 11 U.S.C.S. § 303(b). The debtor argued that it had tendered payment in full to one of the three creditors, and that its claim was thus not bona fide.
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Court
:
- 11 U.S.C.
America First Credit Union v. Hinckley (In re Hinckley)
Dec
03
2007
Ruling
Conversion of vehicle securing creditor's claim was willful and malicious and resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable based on willful and malicious injury under 11 U.S.C. § 523(a)(6) because the debtor converted the vehicle which secured the debt to the creditor. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Kruitbosch
Aug
29
2007
Ruling
Debtor's failure to download pay stub from employer's web site for filing as payment advice resulted in dismissal.
Procedural posture
A chapter 13 trustee questioned the sufficiency of a debtor's filing of payment advices under 11 U.S.C. § 521(a)(1)(B)(iv).
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Court
:
- 11 U.S.C.
In re Neil
Aug
09
2007
Ruling
Sixty-day period for filing payment advices does not include day of filing.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtors'chapter 13 plan on the ground that the husband debtor (debtor) failed to timely file all pay advices required by 11 U.S.C. § 521(a)(1)(B)(iv). The issue was whether the day of filing was included in calculating the 60 days worth of payment advices that the debtor was required to file under 11 U.S.C. § 521(a)(1)(B)(iv).
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Court
:
- 11 U.S.C.
In re Miller
Jul
12
2007
Ruling
Case dismissed for failure to file payment advice despite debtor's efforts at substantial compliance.
Procedural posture
The court inquired into whether a chapter 13 debtor complied with the filing requirements of 11 U.S.C. § 521(a)(1). The debtor claimed to have complied and, alternatively, challenged the constitutionality of the automatic dismissal provision of section 521(i)(1).
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Court
:
- 11 U.S.C.
In re Wilkinson
May
30
2006
Ruling
Court affirmed automatic dismissal of debtor's case since debtor had not timely filed all pay advices.
Procedural posture
Chapter 13 debtor filed a motion to find compliance with 11 U.S.C. § 521 or in the alternative, to vacate the order of dismissal.
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Court
:
- 11 U.S.C.
In re Montoya
Apr
10
2006
Ruling
Chapter 13 plan was not confirmed since the debtor was not allowed to use section 506 to cram down a vehicle purchased within 910 days of filing.
Procedural posture
Debtor proposed a chapter 13 plan in which she sought to pay for a vehicle that she purchased within 910 days of filing her petition by bifurcating the secured claim under 11 U.S.C. § 506(a)(1), paying the secured value of the car in full, and paying only a small percentage of the unsecured balance. The secured creditor had neither filed a claim nor a brief.
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Court
:
In re Easthope
Mar
28
2006
Ruling
Creditor's request for order confirming no automatic stay was in effect was denied since section 362(c)(3) applied and automatic stay went into effect for period of 30 days from current filing.
Procedural posture
Petitioner debtor filed a motion for an extension of the automatic stay beyond the 30-day period provided for in 11 U.S.C. § 362(c)(3)(A). Respondent creditor filed a motion for an order under section 362(c)(4)(A)(ii) confirming that no automatic stay was in effect and that the debtor had not overcome the presumption that his case was not filed in good faith.
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Court
:
- 11 U.S.C.
In re Fawson
Feb
16
2006
Ruling
Debtors'cases were dismissed since they failed to timely file all required information and their motions to extend the time to file the papers were untimely.
Procedural posture
Two chapter 7 cases were before the court. Pending were debtors'untimely motions to extend time to file papers.
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Court
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