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
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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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Saleh v. Bank of Am. (In re Saleh)
Apr
06
2010
Ruling
Debtor not entitled to injunction to prevent creditor from collecting from non-debtor corporation of which debtor was sole shareholder.
Procedural posture
Plaintiff debtors filed a chapter 13 bankruptcy petition. The debtors' plan was confirmed. The debtors filed a complaint against defendant creditor seeking a permanent injunction prohibiting the creditor from pursuing collection of its state court judgment against a non-debtor corporation under 11 U.S.C.S. §§ 105(a), 362(a), 524(e), and 1301.
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Court
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Leibowitz v. First Chicago Bank & Trust (In re IFC Credit Corp.)
Jan
27
2010
Ruling
Debtor's former officers' and directors' lawsuits enjoined for 90 days.
Procedural posture
Chapter 7 trustee sought a preliminary injunction pursuant to 11 U.S.C.S. § 105(a) to stay lawsuits brought by defendant creditors against former officers and directors of the debtor. The trustee's motion also sought to enjoin any attempts by the former officers and directors to incur legal defense expenses or otherwise obtain possession or control of the proceeds of the debtor's directors and officers policy (the policy).
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Court
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In re HSF Holding Inc.
Jan
13
2010
Ruling
Abandonment of spare main engine for ferry vessel to principal creditor approved over objection of official committee of unsecured creditors.
Procedural posture
The debtors moved, pursuant to 11 U.S.C.S. §§ 105(a) and 554(a), for entry of an order approving abandonment of the debtors' estates' interests in a spare main engine for a ferrying vessel, which would be abandoned to the principal creditor. The official committee of unsecured creditors opposed the motion, arguing the spare engine should remain an asset of the debtors' estate.
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Court
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In re Dickerson
Dec
08
2009
Ruling
Debtor's counsel sanctioned for delayed filing, misdating of bank documents and inadequate representation of debtor at creditors' meeting.
Procedural posture
The United States Trustee asserted that counsel for a bankruptcy debtor unduly delayed filing the debtor's case, failed to contemporaneously date bankruptcy documents when executed, and inadequately represented the debtor with regard to meetings of creditors. The Trustee moved for sanctions against counsel, and the bankruptcy court conducted additional hearings with regard to counsel's conduct in other cases.
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Court
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