- 11 U.S.C.
Polaroid Corp. v. Ritchie Capital Mgmt. LLC (In re Polaroid Corp.)
Dec
04
2009
Ruling
Creditor's counterclaim in proceeding to avoid liens dismissed for lack of standing.
Procedural posture
Debtor brought an adversary proceeding to avoid the claims of defendant creditors, which claimed security interests in proceeds of certain of the debtor's trademark rights that had been sold postpetition. The creditors filed counterclaims asserting their alleged security interests and lien rights, which the debtor moved to dismiss for failure to state a claim or to strike.
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Court
:
- 11 U.S.C.
In re Cassini
Nov
16
2009
Ruling
Claim filed one day after bar date disallowed despite late filing being due to debtor's failure to list creditor.
Procedural posture
A bankruptcy trustee objected to a creditor's claim against a bankruptcy debtor's estate which was filed one day after the claim bar date in the debtor's chapter 13 bankruptcy case.
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Court
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Ogle v. Fidelity & Deposit Co. of Md.
Nov
05
2009
Ruling
Creditor's claim for postpetition attorneys' fees pursuant to prepetition contract with debtor allowed.
Procedural posture
The District Court for the Northern District of New York, affirming a judgment of the Bankruptcy Court for the Northern District of New York, ordered a liquidating trust to pay post-petition attorneys' fees on a claim that stemmed from a pre-petition indemnity agreement. Appellant, the liquidating trustee, appealed, arguing that the federal Bankruptcy Code barred unsecured claims for post-petition attorneys' fees.
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Court
:
Judge or Jurisdiction information not available
In re DBSD North Am. Inc.
Sep
30
2009
Ruling
Claim by creditor who relocated broadcast licenses on spectrum band disallowed against co- debtors of debtor licensee who were not licensees.
Procedural posture
In this contested matter under the umbrella of jointly administered chapter 11 cases, a creditor asserted claims against each of the separate debtors based on contentions of joint and several liability. The debtors objected to those claims, insofar as they were asserted against debtor entities other than a licensee of the creditor.
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Court
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In re Coy Farms Inc.
Sep
25
2009
Ruling
Attorney's claim for contingency fee disallowed absent rare or exceptional circumstances or reasonable expectation of payment.
Procedural posture
The attorney for the secured creditor filed an application for the approval of attorney's fees, pursuant to 11 U.S.C.S. §§ 502(b) and 506(b), to be paid from the debtor's estate as a part of the creditor's allowed claim, the amount of $ 45,000 representing a 22 and 1/2 percent contingency fee, for the legal services he rendered on behalf of the creditor. Both the debtor and the trustee filed limited objections to the amount of the fee.
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Court
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Johnson v. National City Mortg. Co. (In re Johnson)
Sep
11
2009
Ruling
Mortgage was deemed unsecured to the extent securing refinance of home equity loan extended in violation of state law.
Procedural posture
Plaintiff chapter 13 debtors filed an adversary proceeding against defendant mortgage company, seeking a judgment that a lien the mortgage company claimed to have on the debtors' homestead was invalid or did not secure the entire indebtedness the mortgage company claimed. The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Gregg
Jul
30
2009
Ruling
Claim by creditor who paid buyer of debtor's mobile home without receiving title, which was still held by debtors, disallowed as debtors did receive a direct benefit and did not know the claimant had entered into a contract with the buyer.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a claimant filed an unsecured claim in the amount of $ 9,740 against the debtors' bankruptcy estate, alleging that the debtors were unjustly enriched at his expense. The chapter 7 trustee filed an objection to the claim.
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Court
:
- 11 U.S.C.
In re Petersen
Jun
26
2009
Ruling
Attorneys' fees portion of creditor's claim disallowed on debtor's objection as not reserved in original state court judgment.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. A creditor filed a proof of claim, and the debtor, pursuant to 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a), objected to the claim.
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Court
:
- 11 U.S.C.
BFW Liquidation, LLC, In re--Kaye v. Quality Props., LLC
Jun
19
2009
Ruling
Claim was disallowed in its entirety as the claimant failed to file a proof of claim before theexpiration of the bar date. (Bankr. N.D. Ala.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.
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Court
:
- 11 U.S.C.
In re Tammarine
Apr
30
2009
Ruling
Claim disallowed where creditor failed to establish whether claim related to a sale and investment or a loan agreement.
Procedural posture
A chapter 13 debtor objected to a creditor's claim that the money the creditor transferred to the debtor was a loan. The bankruptcy court held an evidentiary hearing to determine the validity of the claim under 11 U.S.C.S. § 502(b)(1).
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Court
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