- 11 U.S.C.
In re Its Greek to Me Inc.
Mar
07
2012
Ruling
Cases of individual debtors, restaurant and property owner of which they owned 100 percent, consolidated.
Procedural posture
Three chapter 11 debtors filed motions for an order substantively consolidating their cases. A creditor filed an objection.
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Court
:
- 11 U.S.C.
In re Its Greek to Me Inc.
Mar
07
2012
Ruling
Cases of individual debtors and restaurant and property owner, of which they owned 100 percent, consolidated.
Procedural posture
Three chapter 11 debtors filed motions for an order substantively consolidating their cases. A creditor filed an objection.
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Court
:
In re Pearlman
Jan
10
2012
Ruling
Defendants in fraudulent conveyance proceedings related to Ponzi scheme could not consolidate debtor with non-debtor entities.
Procedural posture
Defendants in fraudulent conveyance proceedings initiated by the chapter 7 trustee filed motions for substantive consolidation of the debtors with non-debtor entities.
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Court
:
In re Hasselbach
Dec
29
2011
Ruling
Creditor ordered to provide explanation for discrepancy between costs claimed in proof of claim and state court records.
Procedural posture
After objections were filed to a creditor's claims for arrearages, the creditor amended its proof of claim and reduced the amount to match the total of the state court records.
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Court
:
In re Moohaven Dairy LLC
Nov
28
2011
Ruling
Bank awarded partial attorneys' fees for defending motion to set aside judgment filed by attorney who was denied permission to represent debtor.
Procedural posture
Debtor LLC, a dairy, filed a petition under chapter 11, and an attorney asked the court for permission to act as the debtor's counsel. Although the court denied the attorney's application, the attorney filed a motion in the Sanilac County Circuit Court, Michigan, which asked the court to set aside a judgment it entered against the debtor. A bank asked the court to hold the attorney in contempt.
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Court
:
Brannan v. Wells Fargo Home Mortg. Inc. (In re Brannan)
Nov
07
2011
Ruling
Certification of class of debtors against whom creditor filed fraudulent affidavits denied.
Procedural posture
Chapter 13 debtors sought certification of a class under Fed. R. Civ. P. 23(a) of every debtor in a county in whose case an affidavit was filed by defendant creditor on the ground that every affidavit was improper or fraudulent due to the policies and procedures followed by the creditor and its agents and employees in preparing, executing and filing affidavits in debtors' cases.
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Court
:
Union Trust Phila. LLC v. Singer Equip. Co. (In re Union Trust Phila. LLC)
Nov
03
2011
Ruling
Injunction on state court proceedings against third party non-debtors related to debtor's bankruptcy affirmed.
Procedural posture
Plaintiff Chapter 11 debtor filed a motion in the United States Bankruptcy Court for the Eastern District of Pennsylvania under 11 U.S.C.S. § 105(a) to enjoin state court proceedings brought by defendant against third-party non-debtors. The bankruptcy court entered a preliminary injunction. Defendant appealed.
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Court
:
Sarner v. Massachusetts Dept of Revenue (In re Sarner)
Oct
31
2011
Ruling
Temporary restraining order and preliminary injunction against state taxing authority to prevent levy on debtor's accounts denied.
Procedural posture
Plaintiffs, a debtor and her non-debtor spouse, filed an emergency motion for a temporary restraining order and preliminary injunction against defendant creditor Massachusetts Department of Revenue (MDOR) to prohibit the MDOR from levying, or maintaining a levy, against the plaintiffs' bank accounts, arguing such actions impeded the debtor's ability to perform under, and comply with, her chapter 13 plan.
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Court
:
In re Sarafoglou
Jul
15
2011
Ruling
Debtor held in contempt for failure to obey order for turnover of previously undisclosed funds.
Procedural posture
A bankruptcy debtor did not timely comply with an order of the bankruptcy court to turn over funds in a bank account which the debtor knowingly failed to disclose. The trustee moved for an order holding the debtor in contempt.
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Court
:
- 11 U.S.C.
Union Trust Phila. LLC v. Singer Equip. Co. (In re Union Trust Phila. LLC)
Jun
29
2011
Ruling
State court action against debtor's principals enjoined due to threat to debtor's ability to reorganize.
Procedural posture
Plaintiff Chapter 11 debtor filed an adversary proceeding against defendants, an equipment company and others, seeking a preliminary injunction which stayed enforcement of proceedings defendants filed against the debtor's principals in state court. The equipment company opposed the debtor's action, claiming that the court lacked jurisdiction under the Anti- Injunction Act and the Rooker-Feldman doctrine to hear the debtor's action.
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Court
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