- 11 U.S.C.
In re Sunland Inc.
Aug
10
2015
Ruling
Late filed proof of claim had to be subordinated due to creditor's actual knowledge of the bar date and failure to inquire as to inclusion in matrix.
Issue(s)
Should late-filed proof of claim of creditor with actual personal knowledge of debtor's bankruptcy but who was not included in debtor's mailing matrix be allowed?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Home Loan Serv. Corp.
Jul
01
2015
Ruling
Bankruptcy court declined to order disgorgement of fees earned by debtor's chapter 11 counsel prior to conversion to a possibly insolvent chapter 7 case.
Issue(s)
Was trustee in case converted to chapter 7 entitled to an order for disgorgement of interim attorney's fees paid to debtor's former chapter 11 counsel?
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Court
:
In re Clark
Jun
12
2015
Ruling
Late-filed claims for child support allowed where the parents had not been provided with notice of claims deadlines.
Issue(s)
Whether deadline set forth in 11 U.S.C.S. § 726(a)(1)(A) is merely the date on which a discrete administrative event occurs or does it embody a due process element that requires actual notice to affected creditors.
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Court
:
- 11 U.S.C.
In re Next Generation Media Inc.
Jan
29
2015
Ruling
Law firm not required to turn over retainer received for filing chapter 11 case once that case was converted to chapter 7.
Issue(s)
Was law firm required to turn over chapter 11 retainer after the case was converted to chapter 7?
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Court
:
Ebner v. Kaiser (In re Kaiser)
Dec
31
2014
Ruling
Untimely IRS proofs of claim allowed.
Issue(s)
May the trustee avoid transfers within the statute of limitations applicable to any creditor of the bankruptcy estate, including, but not limited to, the IRS?
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Court
:
- 11 U.S.C.
In re J. Co. Med. Mgmt.
Nov
06
2014
Ruling
Claim filed more than ten years after bar date disallowed.
Issue(s)
Was creditor entitled to seek payment from debtor whose bankruptcy failed chapter 11 concluded more than six years earlier and bar date had expired more than 11 years earlier?
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Court
:
- 11 U.S.C.
In re Clark
Oct
10
2014
Ruling
Debtor's former spouse's untimely claim allowed as unsecured.
Issue(s)
Should untimely claim of debtor's former spouse be allowed as a timely priority claim or disallowed?
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Court
:
- 11 U.S.C.
Rentas v. Maldonado Serrano (In re Rosa)
Oct
02
2014
Ruling
Trustee could sell debtor's community property that was not partitioned subsequent to divorce.
Issue(s)
Could trustee sell a real property purchased by one of the joint debtors and the debtor's former spouse while they were still married?
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Court
:
- 11 U.S.C.
In re Brown
Mar
17
2014
Ruling
Appeal of granting of relief from stay dismissed due to debtor's lack of standing and inability to show reversal would lead to surplus.
Issue(s)
Was creditor that acquired mortgage from prior holder after petition date properly granted relief from stay to proceed against property that trustee planned to abandon?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Ferguson
Aug
20
2013
Ruling
Creditor entitled to marshalling after conversion of chapter 12 case to chapter 7.
Issue(s)
Was creditor entitled to marshalling following conversion of chapter 12 case to chapter 7 and §363 sale of assets.
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Court
: