In re Arcapita Bank
May
20
2014
Ruling
Rights under agreement to purchase shares in debtors' wholly owned indirect subsidiary were not basis for a proof of claim.
Issue(s)
Did creditor's rights under share purchase agreement with debtor bank for purchase of shares in debtor's subsidiary give rise to a proof of claim?
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Court
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In re Ruitenberg
Mar
13
2014
Ruling
Prepetition equitable distribution claim of debtor's former spouse allowed.
Issue(s)
Whether the interest of the debtor's former spouse in an equitable share of marital property pending divorce from debtor is a pre-petition "claim" against the bankruptcy estate?
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Court
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Judge or Jurisdiction information not available
In re Reed
May
14
2013
Ruling
Filing of IRS Form 1099-C for cancellation of debt did not prohibit bank from filing claim against debtor.
Procedural posture
Debtors filed an objection to the claim of creditor bank, which sought seeking to recover $12,075.17, including $5,074.18 principal balance and interest due under a promissory note after foreclosure of the underlying real property, plus attorneys' fees and collection costs.
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Court
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In re Gacharna
Oct
19
2012
Ruling
Plan could not be modified to substitute payment for injunctive relief on claim based on settlement of trade secret action.
Procedural posture
Creditors objected to the modified plan filed by chapter 13 debtors.
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Court
:
In re Ruitenberg
May
07
2012
Ruling
Non-debtor spouse's claim for pending equitable distribution allowed.
Procedural posture
A claimant, debtor's estranged wife, filed a claim in debtor's bankruptcy case for her anticipated equitable distribution award. The trustee in debtor's case objected to the claim asserting that she did not have a prepetition right to payment since equitable distribution had not been determined.
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Court
:
In re Beaudet
Apr
13
2011
Ruling
Escrow shortage was a prepetition claim that could not be included in future mortgage payments.
Procedural posture
A debtor filed an objection to a creditor's amended proof of claim. A Chapter 13 trustee filed a motion to modify the debtor's ongoing mortgage payments to the creditor. The debtor objected to the trustee's motion because the revised ongoing payments included pre-petition escrow arrearages. At the hearing, the trustee stated his support for the debtor's position that pre-petition escrow shortages should not be included in ongoing future mortgage.
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Court
:
Rederford v. US Airways Inc.
Dec
14
2009
Ruling
Possibility of pursuing equitable remedy of reinstatement did not remove Americans with Disabilities Act claim from scope of discharge injunction.
Procedural posture
Plaintiff former employee filed a complaint alleging her termination violated Title I of the Americans with Disabilities Act (ADA), 42 U.S.C.S. §§ 12111-12117, and seeking reinstatement, damages, and attorney's fees. Defendant former employer moved to dismiss, asserting that the suit was barred by a bankruptcy court's permanent injunction. The district court for the District of Rhode Island granted the motion. The employee appealed.
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Court
:
Judge or Jurisdiction information not available
Alderwoods Group Inc. v. Garcia
Nov
25
2009
Ruling
State court claims based on cemetery operator debtors' failure to locate bodies of plaintiffs' relatives were not discharged due to insufficient notice.
Procedural posture
Plaintiffs, owners and former owners of a cemetery in Miami, Florida (former debtors), sought a declaration that all of the claims asserted by defendant tort claimants in a state court case were discharged in a prior bankruptcy case. The parties filed cross motions for summary judgment.
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Court
:
In re Shearin Family Invs. LLC
Oct
13
2009
Ruling
Creditors entitled to specific performance of condominium sale agreement with debtor.
Procedural posture
The chapter 11 debtor, a condominium developer, and creditor purchasers filed cross-motions for summary judgment regarding claims filed by the purchasers representing their contracts with the debtor for purchase of condominium units.
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Court
:
- 11 U.S.C.
In re Vargas Realty Enters.
Jul
23
2009
Ruling
Reargument of finding that four debtor corporations each owned "single asset real estate" denied.
Procedural posture
Debtor corporations filed petitions under chapter 11 and the court ordered joint administration of their bankruptcy estates. In a prior ruling, the court held that each debtor owned property that met the definition of "single asset real estate" under 11 U.S.C.S. § 101(51B). The debtors filed a motion for permission to reargue the court's ruling.
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Court
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