- 11 U.S.C.
K&B Capital LLC v. United States (In re LWD Inc.)
Jan
13
2009
Ruling
Final sale order did not preclude government from proceeding against debtor's principal for failure to pay employment taxes.
Procedural posture
Appellant a debtor's principal, sought review of a decision of the bankruptcy court for the Western District of Kentucky, which denied its motion for contempt against appellee United States, after the principal claimed that the government violated a final sale order of the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Roach
Dec
23
2008
Ruling
Lessor creditor was not entitled to an administrative expense claim for outstanding rent under lease deemed rejected before chapter 7 was converted to chapter 13.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code, which was converted to a proceeding under chapter 13. A creditor who held a lease with the debtor filed an application for an administrative expense claim under 11 U.S.C.S. § 365(d)(3). The creditor also filed an objection to confirmation of the debtors'amended chapter 13 plan.
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Court
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In re Pick
Dec
18
2008
Ruling
Approval of sale of property to debtor's son denied due to insufficient recovery for creditors.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to approve the sale of real and personal property, pursuant to 11 U.S.C.S. § 363(f), a creditor objected to the sale motions. A bank approved the proposed sale. The bank and the creditor both filed separate motions for relief from the stay and the debtors objected to the motions for relief from the stay.
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Court
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In re Joel F. Hollowell Oil Co.
Dec
12
2008
Ruling
Motion to restrict chapter 11 debtor's use of cash collateral denied.
Procedural posture
A debtor filed its petition for relief under chapter 11 of the Bankruptcy Code. The court entered a final order authorizing the debtor's use of cash collateral for its postpetition operating expenses. A company, which had a first lien security interest in all of the debtor's equipment, fixtures, inventory, and accounts receivable, filed a motion to restrict the debtor's continued use of cash collateral, under 11 U.S.C.S. § 363(e).
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Court
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In re Dowell
Nov
19
2008
Ruling
Adequate protection payments on "910 vehicle" loan were properly based on value of vehicle, not outstanding balance.
Procedural posture
A secured creditor of a chapter 13 debtor sought pre and post-confirmation adequate protection under 11 U.S.C.S. § 363(e), based on the principal balance of its loan rather than the value of its collateral.
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Court
:
- 11 U.S.C.
In re Texas Std. Oil Corp.
Nov
12
2008
Ruling
Debtor could not assign interest in oil and gas lease for no consideration.
Procedural posture
Debtor, an oil company, filed a petition under chapter 11 of the Bankruptcy Code, and asked the court for permission to assign its interests in an oil and gas lease to a partnership (LP). The debtor's creditors filed an objection to the debtor's motion.
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Court
:
- 11 U.S.C.
In re Proceedings Under Chapter 11 Case Nos. 08-16786 & 08-16788
Oct
31
2008
Ruling
Debtors authorized to use cash collateral to operate business as debtors in possession.
Procedural posture
Movant debtors filed a motion for authorization to use cash collateral, pursuant to 11 U.S.C.S. § 363(c)(2)(B). Respondents, a lender and the committee of unsecured creditors, objected to such relief.
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Court
:
In re Vitalsigns Homecare Inc.
Oct
29
2008
Ruling
Trustee allowed to sell debtor's medicare provider number free and clear.
Procedural posture
The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
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Court
:
Ziegler v. Schwenker (In re Ziegler)
Oct
02
2008
Ruling
Trustee allowed to sell debtor's remainder interest in property free and clear of claims of other remainder interest holders.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant holders of remainder interests in real property in which the bankruptcy debtor also held a remainder interest, seeking authority to sell the remainder interest of the debtor free and clear of claims of the holders pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment, and neither the debtor nor the holders responded to the motion.
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Court
:
- 11 U.S.C.
Baylake Bank v. TCGC LLC
Oct
01
2008
Ruling
Village's interest in restrictive covenant was not avoidable.
Procedural posture
Defendant debtor and plaintiff bank, mortgage-holder on property owned by debtor, brought a proceeding against movant village, seeking a determination that certain restrictive covenants on the property were either void on their face, preempted by federal law, or subject to avoidance, and an order directing sale of the property free and clear of such restrictions to a Tribe. Pending were cross-motions for summary judgment by the bank and village.
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Court
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