- 11 U.S.C.
In re Colon
Dec
04
2009
Ruling
Involuntary debtor ordered to cooperate in preparation of discovery plan or face sanctions.
Procedural posture
After a determination that a debtor had more than the maximum number of creditors to allow a single petitioning creditor to file an involuntary bankruptcy petition against the debtor, an appellate remand permitted discovery concerning the number of the debtor's creditors. The creditor moved for entry of an order for bankruptcy relief based on discovery misconduct.
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Court
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Saxbys Coffee Worldwide LLC v. Larson (In re Saxbys Coffee Worldwide LLC)
Dec
04
2009
Ruling
Injunction issued to bar actions against owners of debtor LLC.
Procedural posture
Plaintiff limited liability company (LLC), filed a petition under chapter 11 of the Bankruptcy Code and an adversary proceeding against defendants, parties who had sued two people (owners) who owned the LLC and others, seeking an injunction under 11 U.S.C.S. § 105(a) which restrained defendants from prosecuting their actions against the owners and other non-debtors. The debtor requested an expedited hearing on its motion.
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Court
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Taub v. Hershowitz (In re Chana Taub)
Dec
03
2009
Ruling
Bankruptcy court refused to reconsider decision to abstain from debtor-in-possession's action against tenants.
Procedural posture
Plaintiff, the chapter 11 debtor in possession, commenced an adversary proceeding against three tenants in her apartment building. The court abstained from deciding her claims on grounds that they arose under the New York Rent Stabilization Law of 1969, and should be decided by New York City Civil Court's Housing Part. The debtor moved for reconsideration of the abstention order and a consent order to the abstention.
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Court
:
Jones v. Wells Fargo Home Mortg. Inc. (In re Jones)
Oct
01
2009
Ruling
Mortgage company ordered to implement accounting procedures designed to ensure accurate pleadings due to errors in proofs of claim.
Procedural posture
In an earlier decision, the court concluded that creditor mortgage company collected undisclosed, unapproved fees and costs and diverted estate property without authority. The court's judgment required the creditor to implement an accounting procedure. The judgment was affirmed in large part on appeal, but the accounting procedures remedy was remanded for further findings.
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Court
:
Nowlin v. RNR LLC
Aug
27
2009
Ruling
Debtor's employer held in contempt and sanctioned for violation of discharge injunction.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's employer, alleging that the employer violated the bankruptcy discharge injunction by continuing to deduct amounts from the debtor's paycheck which were not remitted to the bankruptcy trustee after the debtor's reorganization plan was paid in full by the employer as a sanction.
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Court
:
- 11 U.S.C.
In re Stern
Jul
23
2009
Ruling
Trustee allowed to cease operation of hotel and provide shortened notice for abandonment of estate property.
Procedural posture
This cause came before the court on upon the Trustee's emergency motion for authority to cease operating a hotel, and an oral motion to shorten the notice period for abandonment of estate property.
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Court
:
In re Lancelot Investors Fund LP
Jul
17
2009
Ruling
Action by investors in debtor's alleged Ponzi scheme stayed due tot substantial overlap with efforts of trustee.
Procedural posture
Debtors filed for bankruptcy protection under chapter 7 of the Bankruptcy Code after an alleged Ponzi scheme was uncovered. Defendants, a family trust and others, filed a complaint against a partnership, which provided auditing and financial services to the debtors, in the Fourth Judicial District of Hennepin County District Court in Minnesota. Plaintiff trustee moved for a preliminary injunction staying defendants' lawsuit.
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Court
:
Mitan v. Duval (In re Mitan)
Jul
17
2009
Ruling
Bankruptcy court had power to retroactively convert chapter 11 case to chapter 7 on remand.
Procedural posture
Creditor appealed the judgment of the United States District Court for the Eastern District of Michigan that affirmed the order of the bankruptcy court that converted debtor's bankruptcy case from chapter 11 to chapter 7 nunc pro tunc.
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Court
:
Judge or Jurisdiction information not available
Unencumbered Assets Trust v. Hampton-Stein (In re Natl Century Fin. Enters.)
Jul
07
2009
Ruling
Injunction issued to bar state court lawsuits against trustee for actions taken entirely postpetition.
Procedural posture
Plaintiff trustee of debtor's unencumbered assets trust and others, filed a motion pursuant to Fed. R. Civ. P. 65, as made applicable by Fed. R. Bankr. 7065; 11 U.S.C.S. § 105(a); and the All Writs Act to issue a temporary restraining order and preliminary injunction enjoining defendant from pursuing a second lawsuit in a state court, alleging, among other things, that defendant violated the Barton Doctrine by filing both the second state court action and a prior lawsuit.
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Court
:
- 11 U.S.C.
In re Lucero
Jul
06
2009
Ruling
Debtor's case dismissed due to mistakes in joint filing to allow for proper separate filing.
Procedural posture
The trustee moved to dismiss debtors' entire chapter 7 case.
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Court
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