In re Bost
Apr
26
2006
Ruling
Attorney was ordered to disgorge all fees paid by debtors and was referred for professional discipline and criminal investigation since the attorney provided inadequate representation for all of the debtors.
Procedural posture
An attorney who represented numerous bankruptcy debtors repeatedly filed bankruptcy petitions and pleadings on behalf of debtors which contained errors and omissions, and the attorney was ordered to show cause why the attorney should not be sanctioned.
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Court
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Whitaker v. Baxter (In re Whitaker)
Apr
20
2006
Ruling
Court reinstated automatic stay for second filing based on its equitable powers to prevent abuse of process since debtors had acted in good faith and creditors had not objected to stay reinstatement.
Procedural posture
Debtors who filed a second chapter 13 petition within a one year period moved to reinstate the automatic stay of pursuant to 11 U.S.C. § 362(c)(3)(B) or (c)(4)(B) as amended following the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The bankruptcy court considered whether such relief was available, or whether the application of 11 U.S.C. § 105(a) relief was warranted.
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Court
:
- 11 U.S.C.
In re Meyers
Apr
06
2006
Ruling
Debtor was granted motion for sanctions against creditor for violating discharge injunction by continuing to call debtor multiple times to attempt to collect.
Procedural posture
Movant Chapter 7 debtor sought monetary sanctions against respondent creditor for its alleged willful violation of a discharge injunction. The bankruptcy court held a hearing on the motion.
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Court
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Wells Fargo Bank of Texas N.A. v. Sommers (In re Amco Ins.)
Mar
31
2006
Ruling
Bankruptcy court erred in applying substantive consolidation nunc pro tunc since the court had authorized pursuit of state court litigation that it later invalidated well after the litigation had ended in a settlement.
Procedural posture
Appellant creditor appealed to the District Court for the Southern District of Texas, the bankruptcy court's order granting substantive consolidation. The district court ruled unfavorably to the creditor and the creditor appealed. The significance of the case related to the nunc pro tunc substantive consolidation of the assets and liabilities of a corporation in bankruptcy and its sole shareholder, not in bankruptcy (until afterwards).
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In re Uzialko
Mar
29
2006
Ruling
Debtor's motion to compel IRS to consider debtor's offer-in-compromise rather than proceed under plan confirmation process was denied.
Procedural posture
Movant chapter 13 debtors filed a motion to compel respondent United States, on behalf of its agency, the IRS to consider an offer-in-compromise submitted by the debtors during the pendency of their bankruptcy case. The court held a hearing on the motion
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Court
:
Intl Enter. v. Classic Asset Liquidation Mgmt. LLC (In re Eddy)
Mar
16
2006
Ruling
Debtor was denied a discharge due to default, and the debtor was given a deadline to comply with a prior court order or face civil contempt sanctions.
Procedural posture
Pending was a motion of plaintiff interested party for entry of default judgment pursuant to the court's order of September 23, 2005 filed in its adversary proceeding against defendant debtor. Also under consideration was the motion of plaintiff chapter 7 trustee for civil contempt and sanctions, filed in debtor's underlying bankruptcy case, but seeking sanctions against debtor, including entry of a default judgment in an adversary proceeding.
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Court
:
In re Indus. Commer. Elec. Inc.
Feb
14
2006
Ruling
Court denied a motion to approve a settlement since the movants'proposed order required the dismissal of an action filed by the IRS in another court.
Procedural posture
Movants, the debtors, a bank, and the official committee of unsecured creditors, sought entry of an order pursuant to 11 U.S.C. § 105(a), for approval of a settlement reached between the three moving parties. The IRS objected to the motion on several grounds, including the fact that the settlement would preclude the IRS from proceeding against the bank in a related district court proceeding.
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Court
:
In re Epley
Dec
28
2005
Ruling
Debtor was denied motion to convert case to chapter 13 since debtor had insufficient income to propose a confirmable plan and, thus, the motion was filed in bad faith.
Procedural posture
The debtor moved to convert her chapter 7 case to one under chapter 13 as well as on the motion of the chapter 7 trustee to sell property of the estate. The chapter 7 trustee objected to conversion.
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Court
:
Simantob v. Lahijani (In re Lahijani)
Oct
03
2005
Ruling
Motion for substantive consolidation was granted where the debtor controlled and acted as the alter ego of two non-debtor corporations.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor to determine, inter alia, the dischargeability of debts. The creditors moved for substantive consolidation of two non-debtor corporations with the debtor on the ground that the debtor controlled and acted as alter ego of the corporations.
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Court
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