- 11 U.S.C.
In re Ramey
Jul
02
2009
Ruling
Debtor enjoined from further abuse of bankruptcy system after fourteenth filing in violation of court order.
Procedural posture
Despite a court order to limit further filings, a debtor filed a fourteenth case in another bankruptcy court. The debtor refused to appear in the instant bankruptcy court when ordered to do so. The court then ordered his arrest under Fed. R. Bankr. P. 2005. The debtor was then presented for examination under 11 U.S.C.S. § 341 and Fed. R. Bankr. P. 2004.
ABI Membership is required to access the full summary of In re Ramey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kozich v. Cavallaro (In re Kozich)
Jul
01
2009
Ruling
Debtor sanctioned for use of adversary proceeding to continue vexatious litigation.
Procedural posture
Plaintiff debtor filed an action against defendants, three individuals and three corporations, alleging a violation of the automatic stay. Defendants filed a motion to dismiss and a motion for sanctions, pursuant to Fed. R. Bankr. P. 9011.
ABI Membership is required to access the full summary of Kozich v. Cavallaro (In re Kozich) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ginsberg v. Evergreen Sec. Ltd. (In re Evergreen Sec. Ltd.)
Jun
11
2009
Ruling
Attorney for transferee in fraudulent transfer proceeding properly sanctioned for filing baseless recusal motion.
Procedural posture
Appellant attorney sought review of a judgment from the District Court for the Middle District of Florida, which affirmed a bankruptcy court's imposition of sanctions under 11 U.S.C.S. § 105(a), which were based on the attorney's actions in the filing of a recusal motion. The attorney represented an individual against whom a judgment was rendered in an adversary proceeding to recover funds fraudulently transferred from a debtor.
ABI Membership is required to access the full summary of Ginsberg v. Evergreen Sec. Ltd. (In re Evergreen Sec. Ltd.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Gregg
Jun
09
2009
Ruling
Sanctions ordered unless creditor complied with prior order to redact private information from proofs of claim within ten days.
Procedural posture
Plaintiff Chapter 13 debtors filed an action against defendant pawnbroker contending that the pawnbroker violated the automatic stay when it refused to return a car to them that the pawnbroker had seized prepetition. The debtors sought return of the vehicle, actual and punitive damages, and attorney's fees. The parties filed cross-motions for summary judgment.
ABI Membership is required to access the full summary of In re Gregg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Gen. Growth Props.
May
14
2009
Ruling
Debtor authorized to continue to manage cash through system maintained prior to petition date.
Procedural posture
Debtors moved, pursuant to 11 U.S.C.S. §§ 105(a), 345(b), 363(b), 363(c), 364(a), and Fed. R. Bankr. P. 6003, 6004, for (a) authority to (i) continue to operate the Cash Management System, (ii) honor certain prepetition obligations related to the use of the Cash Management System, (iii) maintain existing business forms, and (iv) maintain existing bank accounts; (b) extend the time to comply with § 345(b), and (c) to schedule a final hearing.
ABI Membership is required to access the full summary of In re Gen. Growth Props. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re General Growth Props.
May
14
2009
Ruling
Debtor allowed to honor tenant obligations and banks ordered to honor check and transfer requests.
Procedural posture
The debtors moved for the entry of interim and final orders, pursuant to 11 U.S.C.S. §§ 105, 363(b), and 503(b), authorizing them to honor their tenant obligations and authorizing financial institutions to honor related checks and transfers.
ABI Membership is required to access the full summary of In re General Growth Props. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Fatsis v. Braunstein
May
04
2009
Ruling
Debtor properly sanctioned for unauthorized postconfirmation sale of stock.
Procedural posture
The Bankruptcy Court for the District of Massachusetts found appellant chapter 13 debtor in contempt for selling property of the estate without court permission, in violation of the order confirming his chapter 13 plan. The bankruptcy court imposed monetary sanctions. The debtor challenged the order.
ABI Membership is required to access the full summary of Fatsis v. Braunstein Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Smith
Apr
29
2009
Ruling
Consolidation of debtors' chapter 11 cases denied where debtors were distinct entities.
Procedural posture
A creditor and the bankruptcy administrator objected to the debtors' motion for substantive consolidation of their chapter 11 cases.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ingersoll Inc.
Apr
15
2009
Ruling
Bankruptcy court properly enjoined action against chapter 11 debtor's owners for legal fees.
Procedural posture
In response to a motion filed by appellees, the owners of a chapter 11 debtor, a bankruptcy court exercised its power under 11 U.S.C.S. § 105 and enjoined appellant law firm from continuing to litigate claims related to a fee dispute against the owners. The firm appealed after the District Court for the Northern District of Illinois, following a remand to the bankruptcy court, upheld that injunction order.
ABI Membership is required to access the full summary of In re Ingersoll Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Cordier v. Plains Commerce Bank (In re Cordier)
Mar
26
2009
Ruling
Inclusion of debtor's full social security number on proof of claim was not grounds for sanctions.
Procedural posture
Chapter 13 debtor sued creditor, objecting to a proof of claim, and alleging violations of the Gramm-Leach-Bliley Act, 15 U.S.C.S. § 6801 et seq., Conn. Gen. Stat. § 42-470, and Fed. R. Bankr. P. 9037, as well as an invasion of privacy. The complaint was based solely on the creditor's failure to redact her social security number from the proof of claim. The creditor moved to dismiss the complaint.
ABI Membership is required to access the full summary of Cordier v. Plains Commerce Bank (In re Cordier) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: