- 11 U.S.C.
In re Burnett
Jun
13
2011
Ruling
Debtor's counsel held in contempt and sanctioned for violating prior suspension order.
Procedural posture
The court ordered defendant, counsel for various debtors, to show cause why he should not be held in contempt of the court's prior suspension order, issued in connection with the court's finding in a different case that defendant would not be permitted to practice before the court until a state supreme court committee on professional conduct had reviewed the court's findings as to defendant's alleged misconduct.
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Court
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- 11 U.S.C.
In re Mirabilis Ventures Inc.
Mar
28
2011
Ruling
IRS violated stay by effectuating setoff and applying overpayment to withholding tax obligations.
Procedural posture
In this case where the court previously confirmed the debtors' Joint Plan of Liquidation, the debtor and the Internal Revenue Service (IRS) disputed which party had a superior claim to tax overpayments made by the debtor before it filed this case, and whether the IRS violated the automatic stay by taking steps to effectuate a setoff.
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Court
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Hubbard v. Stony Point Land Inc. (In re Stoney Point Land Inc.)
Feb
24
2011
Ruling
Bankruptcy appellate panel ordered specific performance of real estate contract by purchasers of debtor's property.
Procedural posture
Plaintiff purchasers sought to terminate a real estate contract with defendant, a Chapter 11 debtor, and to obtain a refund of their deposit. The debtor sought an order compelling the purchasers to specifically perform their obligations under the contract.
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Court
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In re Kirkbride
Nov
19
2010
Ruling
Creditor sanctioned for aggressive collection efforts in violation of stay and consent order.
Procedural posture
Chapter 11 debtors filed a motion for contempt and sanctions against creditor for the creditor's willful violation of a consent order and the court's order confirming the debtors' plan.
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Court
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Buke LLC v. Eastburg (In re Eastburg)
Nov
04
2010
Ruling
Bankruptcy court declined to enjoin state court case concerning debt that was subject of nondischargeability proceeding.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that an alleged debt to the creditor was nondischargeable based on fraud, larceny, and embezzlement. The debtors moved pursuant to 11 U.S.C.S. § 105(a) for an order enjoining the creditor's action in state court to obtain a judgment against the debtor for the same alleged misconduct.
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Court
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Watson v. Stonewall Jackson Meml Hosp. Co. (In re Watson)
Nov
01
2010
Ruling
Debtor could maintain proceeding against creditor for filing false or fraudulent proof of claim.
Procedural posture
Plaintiff Chapter 7 debtor filed a complaint for contempt under 11 U.S.C.S. § 105 against defendants, a creditor and its attorney (collectively, the creditor), due to the creditor's filing of an allegedly false or fraudulent proof of claim. The creditor moved to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6).
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Court
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Gander Partners LLC v. Harris Bank (In re Gander Partners LLC)
Jul
16
2010
Ruling
Creditor enjoined from pursuing action against debtor's principals who had guaranteed loans.
Procedural posture
Debtors brought an adversary proceeding against defendant creditor seeking to enjoin the creditor from pursuing state-court actions against principals of the debtors who guaranteed repayment of loans to the debtors by the creditor. The debtors moved for a preliminary injunction.
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Court
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In re Linda Vista Cinemas LLC
May
25
2010
Ruling
Injunction preventing foreclosure granted to prevent adverse affect on debtor's reorganization.
Procedural posture
A hearing was held concerning debtor's request for an 11 U.S.C.S. § 105(a) injunction against a creditor (bank) to enjoin it from foreclosure against the collateral of certain non- debtor guarantors of debtor's obligation to the bank.
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Court
:
- 11 U.S.C.
Holman v. Citimortgage Inc. (In re Holman)
May
06
2010
Ruling
Debtors could maintain proceeding against mortgage company for abuse of bankruptcy process by routinely filing false affidavits when seeking relief from stay.
Procedural posture
Debtors brought a proceeding against defendant mortgage company. The Amended Complaint essentially alleged that the company had made an institutional practice of filing false affidavits in the court and elsewhere, in support of its motions for relief from the automatic stay. Before the court was the company's motion to dismiss pursuant to Fed. R. Civ. P. 12(b).
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Court
:
In re Burgess
Apr
26
2010
Ruling
State court action against LLC of which debtor held 100 percent member interest was not subject to automatic stay.
Procedural posture
A creditor filed a motion for relief from the automatic stay to continue state court litigation against a limited liability corporation (LLC) for breach of a lease agreement. A Chapter 7 trustee opposed the motion, asserting that the stay applicable to the debtor should be extended to prohibit actions against the LLC because its membership interests were owned entirely by the debtor.
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Court
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