In re Smith
Oct
06
2006
Ruling
Objection to trustee's motion to sell assets overruled where objector's alleged prior agreement with trustee could not have been entered into absent court approval.
Procedural posture
The chapter 7 trustee filed a motion for authority to sell assets free and clear of liens by sealed bid. Prior to filing the instant motion for authority to sell, the trustee filed a previous motion and a potential buyer submitted an offer. The potential buyer objected to the instant motion alleging that he and the trustee had an agreement to sell the property with the only contingency being court approval of the sale.
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Court
:
Superior Bank v. Hilsman (In re Hilsman)
Oct
02
2006
Ruling
Breach of contract action involving state law which could be timely adjudicated by parties remanded.
Procedural posture
Bankruptcy trustee filed a motion for remand pursuant to 28 U.S.C. § 1452(b), in the alternative, a motion to abstain and remand to state court creditor bank's action against debtor and debtor's counterclaim regarding a breach of contract on loans. The bank opposed the motions.
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Court
:
- 11 U.S.C.
In re Hackney
Sep
28
2006
Ruling
Fees and expenses incurred by bank in prepetition fraudulent conveyance action against debtor were not entitled to prioriy administrative status.
Procedural posture
Under 11 U.S.C. § 507, a creditor bank sought an allowance of administrative expenses representing professional fees and litigation expenses it incurred in a prepetition state court fraudulent conveyance action against the debtor and numerous transferees of the debtor. After the debtor filed its chapter 7 petition, the trustee substituted as plaintiff and settled the lawsuit.
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Court
:
- 11 U.S.C.
Miller Buckfire & Co. LLC v. Citation Corp.
Sep
11
2006
Ruling
Bankruptcy court erred in using lodestar approach to set fees for financial advisor where flat fee contract existed.
Procedural posture
Appellant financial services company appealed a decision of the bankruptcy court that reduced the company's fees for financial advice and investment banking services and denied their request for attorney fees related to appellee debtor's bankruptcy. The debtor filed a cross-appeal the amount awarded to the company.
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Court
:
- FRBP
In re Dudley
Sep
05
2006
Ruling
Properly conducted and noticed sale of debtors'property approved over objection of one of debtors'children.
Procedural posture
A chapter 7 trustee filed a motion seeking to sell, by auction, 40 acres of land owned by two co-debtors. Two of the co-debtors'children filed objections challenging the sale. The trustee held the auction a month before the order granting his motion was issued. One of the children moved to have the sale set aside. The court held a hearing, which was attended by the trustee, the co- debtors, the objecting children, and the property purchasers.
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Court
:
- 11 U.S.C.
Bevelle v. Jefferson County (In re Bevelle)
Aug
25
2006
Ruling
State court condemnation action was an exercise of police or regulatory power and was not subject to stay.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendants, an Alabama city and county, seeking to enjoin the city from vacating an alleyway adjacent to his property and to enjoin the county from using its eminent domain powers to take his property. The debtor moved for issuance of a temporary restraining order ("TRO"). The city filed a motion to dismiss. The county filed motions to abstain and for relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Everett
Aug
08
2006
Ruling
Reopening of no asset case to list dischargeable prepetition debt in schedules was not necessary.
Procedural posture
The debtors filed a motion to reopen their chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 350, to amend the schedules.
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Court
:
- 11 U.S.C.
In re Jones
Aug
04
2006
Ruling
Damages for post-discharge personal injury action were not limited to insurance coverage provided plaintiff could not recover from debtor absent determination of nondischargeability.
Procedural posture
A third party filed a personal injury suit against a chapter 7 debtor in the Circuit Court of Loudoun County (Virginia). The state court asked the court to determine what effect the discharge injunction under 11 U.S.C. § 524(a) had on the personal injury suit. The court reopened the debtor's bankruptcy case and treated the request as a motion for clarification filed by the debtor. It held a hearing and thereafter issued an opinion.
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Court
:
In re Dyson
Jul
28
2006
Ruling
Debtor's motion to avoid lien as preference denied as debtor could not exempt portion of real property equity to which lien attached.
Procedural posture
Debtor, an individual who had filed a chapter 13 bankruptcy, filed a motion to avoid a judgment lien docketed against her real property by a creditor. At issue was whether debtor was entitled to step into the shoes of the trustee and avoid the lien as a preference as permitted by 11 U.S.C. § 547(b).
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Court
:
- 11 U.S.C.
Talley v. Alabama Dept of Public Safety (In re Talley)
Jul
27
2006
Ruling
Suspension of driver's license for failure to pay traffic fines did not violate stay.
Procedural posture
Plaintiff debtor instituted an adversary proceeding alleging that the suspension of his driver's license by defendants, Alabama Department of Public Safety and its director, violated the automatic stay imposed by 11 U.S.C. § 362. Defendants moved to dismiss.
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Court
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