- 11 U.S.C.
Dawson v. Thomas (In re Dawson)
Apr
09
2008
Ruling
Debtor's TILA actions were preserved by tolling provisions of Bankruptcy Code.
Procedural posture
Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.
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Court
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In re Musgrove
Apr
08
2008
Ruling
Conveyance of debtor's residence to bank by dation en paiement approved.
Procedural posture
Debtors and debtors in possession filed a motion seeking authority for the debtors to transfer and convey, by dation en paiement, their residence to a bank, the holder of two perfected mortgages, free and clear of all liens and encumbrances.
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Court
:
- 11 U.S.C.
In re Snead
Apr
01
2008
Ruling
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
Procedural posture
The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.
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Court
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South Motor Co. v. Carter-Pritchett-Hodges Inc. (In re MMH Auto Group LLC)
Mar
18
2008
Ruling
Bankruptcy sale of property was free and clear of unrecorded lease.
Procedural posture
Plaintiff purchaser of real property in a bankruptcy sale brought an adversary proceeding against defendant lessee under an unrecorded lease of a billboard on the property, seeking a determination that the sale was free and clear of the lessee's interest as stated in the sale order. The lessee asserted that it did not receive notice of the sale and that its interest survived the sale.
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Court
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In re Ocean Blue Leasehold Prop. LLC v. Croley (In re Ocean Blue Leasehold Prop LLC)
Mar
07
2008
Ruling
Sale of property owned by debtors as tenants-in-common with co-owner of 1/30 interest authorized with payment to co-owner.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendants, who were co-owners of the subject real property as tenants in common, seeking the entry of a final judgment authorizing the debtor to sell both the estate's interest and co-owners' interests in the property pursuant to 11 U.S.C.S. § 363(h). The co-owners, who each owned a 1/30 interest in the office building property, opposed the sale of their interests.
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Court
:
- 11 U.S.C.
Conn-Selmer Inc. v. Bamber
Feb
07
2008
Ruling
Postpetition contract entered into outside ordinary course of debtor's business without bankruptcy court approval was unenforceable.
Procedural posture
Plaintiff creditor and third-party defendant, a subsidiary of the creditor, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss the counterclaim and third-party claim of defendants, the owner of a debtor company, for tortious interference with a pending contract between the debtor and a non-party company, which had agreed to take over the debtor's lease.
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Court
:
- 11 U.S.C.
In re Exaeris Inc.
Jan
15
2008
Ruling
Sale of substantially all assets to creditor, including causes of action against that creditor, denied.
Procedural posture
A corporate debtor filed a petition under chapter 11 in July 2007, and six months later, it filed an expedited motion seeking an order authorizing the sale of substantially all its assets to a creditor or the creditor's designee. A committee of unsecured creditors took the lead in presenting the motion, and a bank that was also a creditor opposed the motion.
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Court
:
- 11 U.S.C.
In re Nature Leisure Times LLC
Dec
19
2007
Ruling
Free and clear sale of assets by trustee approved where estate cash flow was insufficient to continue operation of debtor's lodge facility.
Procedural posture
The chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 363(b)(1) to sell assets free and clear of all liens and assign executory contracts and unexpired leases.
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Court
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In re Beechgrove Redevelopment LLC
Dec
13
2007
Ruling
Debtors allowed to use cash collateral and obtain postpetition financing in accordance with specific terms and conditions.
Procedural posture
The debtors filed for relief under chapter 11, and the debtors' bankruptcy proceedings were jointly administered. The debtors sought orders authorizing the use of cash collateral pursuant to 11 U.S.C. § 363(c), sought to schedule a final hearing pursuant to Fed. R. Bankr. P. 4001 for use of the cash collateral. The debtors also sought authorization of postpetition financing.
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Court
:
In re Ng
Dec
13
2007
Ruling
Sale free and clear of debtor's interests extinguished all remaining rights in property.
Procedural posture
Before the court was a motion for a stay pending appeal of the court's September 28, 2007 order requiring that a person who had interests in a certain real property (movant) turn over possession of the real property.
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Court
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