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
:
Gouveia v. TC Invs. LLC (In re Cahillane)
Mar
11
2009
Ruling
Transfer of property at issue in contested adversary proceeding enjoined.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against defendants. Among other Counts, Count I sought injunctive relief pursuant to 11 U.S.C.S. § 105(a). Count II sought a declaratory judgment as to property interests of the bankruptcy estate. Count III sought to pierce a corporate veil. Defendants moved to reject executory contract or in the alternative to lift the automatic stay. Defendants moved for summary judgment.
ABI Membership is required to access the full summary of Gouveia v. TC Invs. LLC (In re Cahillane) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Kismet Acquisition LLC v. Icenhower (In re Icenhower)
Mar
10
2009
Ruling
Attorneys for transferees of debtor sanctioned for role in clients'bad faith conduct.
Procedural posture
The bankruptcy court had awarded compensatory damages for contempt against defendant transferees. Because of evidence adduced at the contempt hearing, the court issued a sua sponte expanded order to show cause, ordering certain of the transferees'attorneys to show cause why they should not be held jointly and severally liable for the contempt sanctions. The court held evidentiary hearings on the expanded show cause order.
ABI Membership is required to access the full summary of Kismet Acquisition LLC v. Icenhower (In re Icenhower) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re ELite Eyewear Holding Inc.
Feb
05
2009
Ruling
Debtor's several U.S. affiliated LLCs and partnerships ordered consolidated with estate.
Procedural posture
A debtor filed for relief under chapter 7. Chapter 7 trustee sought to substantively consolidate certain affiliated and related subsidiaries and partnerships with the bankruptcy estate of the debtor.
ABI Membership is required to access the full summary of In re ELite Eyewear Holding Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re MD Promenade Inc.
Jan
08
2009
Ruling
Debtor and secured creditor sanctioned for removing estate property from leased premises.
Procedural posture
A landlord sued the chapter 11 debtor, the debtors' principals, and a secured creditor, seeking damages pursuant to 11 U.S.C.S. § 362(k) for willful violation of the automatic stay. The landlord asserted that the debtor, principals, and creditor had removed property from the leased restaurant premises.
ABI Membership is required to access the full summary of In re MD Promenade Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vaughn
Nov
25
2008
Ruling
Bankruptcy court declined to exercise powers to surcharge debtor's exemptions for administrative expenses.
Procedural posture
A debtor filed for relief under chapter 7. A trustee filed an objection to the debtor's claimed exemptions and sought to deny or surcharge the debtor's exemptions pursuant to 11 U.S.C.S. § 105(a).
ABI Membership is required to access the full summary of In re Vaughn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Mitich
Nov
20
2008
Ruling
Debtor barred from refiling for two years due to repetetive filings in disregard of bankruptcy system.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's case and for an injunction against refiling.
ABI Membership is required to access the full summary of In re Mitich Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Fatsis
Nov
14
2008
Ruling
Debtor sanctioned in amount received in unauthorized transfer of nonexempt stock.
Procedural posture
After the debtor failed to make plan payments in a timely manner, his chapter 13 case was converted to a chapter 7 case. After the chapter 7 trustee learned at the 11 U.S.C.S. § 341 meeting that the debtor had transferred nonexempt stock without notice or authorization, he moved to hold the debtor in contempt for violation of the confirmation order and for sanctions. The debtor objected to the motion. The court held an evidentiary hearing.
ABI Membership is required to access the full summary of In re Fatsis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Haque
Oct
28
2008
Ruling
Creditor and law firm sanctioned for filing false affidavits in 45 cases claiming penalty interest on debtors' loans.
Procedural posture
Movant creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, to permit the creditor to continue its pending mortgage foreclosure action in state court against respondent debtor's real property.
ABI Membership is required to access the full summary of In re Haque Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Mitich
Oct
15
2008
Ruling
Debtor barred from filing bankruptcy cases for two years after violating previous prohibitions.
Procedural posture
A debtor filed a chapter 13 petition after two prior dismissal orders in bankruptcy cases prohibited the filing of other petitions under Title 11 of the United States Code.
ABI Membership is required to access the full summary of In re Mitich Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: