Skip to main content

§ 105

In re Vodenos

Ruling
Sanctions against creditor and attorney for not withdrawing quiet title suit pursuant to stipulation and confirmation order denied.
Issue(s)
Should landlord and attorney be sanctioned for pursuing state court actions in alleged violation of confirmed plan?

ABI Membership is required to access the full summary of In re Vodenos Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 12, 2016 , LexisNexis #0816-001

In re Hester

Ruling
Sanctions for company’s alleged violation of letter agreement denied.
Issue(s)
Should creditor be sanctioned for violating a letter agreement for transfer of deceased debtor’s life insurance policy?

ABI Membership is required to access the full summary of In re Hester Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 11, 2016 , LexisNexis #0816-002

In re Drew Transp. Servs.

Ruling
Debtor’s failure to disclose prepetition withdrawal by principal justified appointment of chapter 11 trustee.
Issue(s)
Was debtor’s failure to report prepetition withdrawal of funds by principal grounds for appointment of a chapter 11 trustee?

ABI Membership is required to access the full summary of In re Drew Transp. Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 07, 2016 , LexisNexis #0816-021

In re Drew Transp. Servs.

Ruling
Debtor’s failure to disclose prepetition withdrawal by principal justified appointment of chapter 11 trustee.
Issue(s)
Was debtor’s failure to report prepetition withdrawal of funds by principal grounds for appointment of a chapter 11 trustee?

ABI Membership is required to access the full summary of In re Drew Transp. Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 07, 2016 , LexisNexis #0816-021

In re Hardy

Ruling
Confirmation denied due to improper valuation of manufactured home and treatment of secured claim.
Issue(s)
Was debtor’s plan required to set value of manufactured home as of the petition date in order to be confirmable?

ABI Membership is required to access the full summary of In re Hardy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-043

Pantano v. Sasso (In re Sasso)

Ruling
Bankruptcy court could not increase the amount of a probate court judgment.
Issue(s)
Could the bankruptcy court’s judgment denying debtor’s discharge include a nondischargeable judgment in favor of decedent in an amount greater than that previously awarded by probate court?

ABI Membership is required to access the full summary of Pantano v. Sasso (In re Sasso) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-032

Vehifax Corp. v. Georgilis (In re Tires R Us Ltd.)

Ruling
Sanctions against creditor denied absent evidence of bad faith.
Issue(s)
Should creditor be sanctioned for alleged willful violations of the automatic stay?

ABI Membership is required to access the full summary of Vehifax Corp. v. Georgilis (In re Tires R Us Ltd.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 17, 2016 , LexisNexis #0716-031

Chicora Life Ctr., LC v. UCF 1 Trust 1 (In re Chicora Life Ctr., LC)

Ruling
Creditor enjoined from bringing collection action on guaranty of debtor’s manager. (Bankr.D.S.C.)
Issue(s)
Should a preliminary injunction issue preventing creditor from bringing a collection action on the

ABI Membership is required to access the full summary of Chicora Life Ctr., LC v. UCF 1 Trust 1 (In re Chicora Life Ctr., LC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 15, 2016 , LexisNexis #0816-061

Encanto Rests. Inc. v. Aquino Vidal (In re Cousins Intl Food Corp.)

Ruling
Asset purchaser assumed risk and could not enjoin enforcement of creditor that did not receive notice of bankruptcy and whose claim was not discharged.
Issue(s)
Was purchaser of debtor’s two restaurants entitled to a declaratory judgment barring debtor’s judgment creditors from executing against the property?

ABI Membership is required to access the full summary of Encanto Rests. Inc. v. Aquino Vidal (In re Cousins Intl Food Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 14, 2016 , LexisNexis #0716-001

105(a). Power of Court Issuance of Necessary or Appropriate Order Process or Judgment.

Ruling
Asset purchaser assumed risk and could not enjoin enforcement of creditor that did not receive notice of bankruptcy and whose claim was not discharged. (Bankr. D.P.R.)
Issue(s)
Was purchaser of debtor’s two restaurants entitled to a declaratory judgment barring debtor’s judgment creditors from executing against the property?

ABI Membership is required to access the full summary of 105(a). Power of Court Issuance of Necessary or Appropriate Order Process or Judgment. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Commercial opinion summary, case decided on June 14, 2016 , LexisNexis #0716-001