Highway 54 Prop. LLC v. Manigault (In re Manigault)
May
25
2007
Ruling
Debtor's ninth case dismissed with prejudice with five year filing bar due to abuse of system.
Procedural posture
Movant, a landlord, sought relief from the automatic stay or, in the alternative, an order dismissing debtor's chapter 13 petition pursuant to 11 U.S.C. §§ 105, 109(g) and 349(a). Though debtor was served with notice of the motion and a related hearing, she did not appear in opposition thereto.
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Court
:
- 11 U.S.C.
In re Mazon
May
11
2007
Ruling
Court exercised equitable powers to surcharge debtors'non-homestead exempt property due to nondisclosure of assets.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. The debtors claimed real estate, three 401K accounts, and a life insurance policy as exempt property. During the proceedings, the trustee discovered that the debtors failed to disclose assets valued at approximately $615,000. The trustee sought to surcharge the debtors'exempted property.
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Court
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Britestar Homes Inc. v. City of New York (In re Britestar Homes Inc.)
May
10
2007
Ruling
Injunction issued to stay suit brought by city that would have impeded debtor's reorganization.
Procedural posture
Plaintiffs, debtor and an LLC, sought injunctive relief against defendant, the City of New York, alleging a breach of a Settlement Agreement between debtor and the City regarding a tax claim dispute. Plaintiffs filed an emergency motion for a temporary restraining order and a preliminary injunction. The court entered a restraining order. The City objected to the motion. Pending was memorialization of a bench order entered on April 27, 2007.
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Court
:
- 11 U.S.C.
In re Reath
Apr
12
2007
Ruling
Creditor sanctioned for pursuing adversary proceeding in bad faith.
Procedural posture
Defendant debtor filed a motion for fee-based sanctions against plaintiff creditor under 11 U.S.C. § 105.
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Court
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In re Paige
Mar
28
2007
Ruling
Debtor sanctioned for unauthorized sale of four classic cars without trustee's knowledge or consent.
Procedural posture
A chapter 7 trustee filed a motion to sanction the debtor for his unauthorized taking and selling of four classic cars without the trustee's knowledge or consent. The trustee requested a constructive trust.
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Court
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Boles v. Turner (In re Enivid Inc.)
Mar
16
2007
Ruling
Plan trustees not entitled to injunction preventing prosecution and settlement of securities class action cases against debtor's officers and directors.
Procedural posture
Pending were Motions for Preliminary Injunctions filed by plaintiff plan trustees. Pending also was a related joint motion for entry of an order to the extent necessary, approving the use of the director and officer policy proceeds to fund a securities litigation settlement preliminarily approved by the district court, filed by, inter alia, former officers and directors of a debtor. The trustee of one of the debtors opposed the joint motion.
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Court
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In re Weerawat
Mar
06
2007
Ruling
Debtor who spent substantial portion of estate funds contrary to court order directed to pay $100 per day or face arrest and incarceration.
Procedural posture
The matter came before the court for hearing on the chapter 7 trustee's Second Motion for Contempt by which the trustee sought an order holding debtor in contempt and requesting that debtor be incarcerated for failing to comply with the court's Order of January 4, 2007 directing debtor to turn over $100,000 to the trustee.
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Court
:
- 11 U.S.C.
Friendly Fin. Service-Eastgate Inc. v. Dorsey
Feb
22
2007
Ruling
Bankruptcy court had authority to enjoin creditor from filing adversarial proceedings following several frivolous complaints.
Procedural posture
Appellant creditor challenged a judgment of the bankruptcy court, which denied the creditor's objections to the dischargeability of debts of appellee debtor and enjoined the creditor and its affiliates from filing any complaint under 11 U.S.C. §§ 523 or 727 in the Monroe or Alexandria Divisions unless it obtains leave of the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Ground Round Inc.
Feb
13
2007
Ruling
Bankruptcy court lacked authority to enforce alleged injunction that was not expressly set forth in plan or settlement with creditor.
Procedural posture
Movant, a liquidating agent for the debtors, requested the entry of an order, pursuant to the court's authority under 11 U.S.C. § 105, enforcing an asserted injunction set forth in the debtors'joint liquidating plan of reorganization against respondent state taxing authorities, which were attempting to collect taxes from former officers or directors of the debtors. The taxing authorities filed oppositions to the motion.
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Court
:
- 11 U.S.C.
In re Cochener
Feb
09
2007
Ruling
Attorney sanctioned for false filings, failure to attend creditors' meeting and advice to debtor not to attend creditors' meeting or produce documents.
Procedural posture
Chapter 7 trustee filed a motion for sanctions against debtor, debtor's attorney, and debtor's son.
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Court
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