In re Proud Mary Marina Corp.
Jan
19
2006
Ruling
Purchaser of debtor's property's chapter 11 plan was confirmable while the debtor's plan was not confirmable since it failed good faith and feasibility requirements.
Procedural posture
Debtor, the operator of a mobile home park, and a proposed purchaser each presented a competing chapter 11 plan of reorganization. Debtor also moved for estimation of application for payment of the administrative expense claims of the proposed purchaser. The contestants disputed whether the plans satisfied the "good faith" requirement and the "feasibility" requirements set forth in 11 U.S.C. § 1129(a)(3) and (11).
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Court
:
- 11 U.S.C.
In re Kelly
Jan
09
2006
Ruling
Fraud was not grounds for converting chapter 13 case after confirmation completion and discharge.
Procedural posture
The United States Trustee filed a motion to convert debtors' reopened chapter 13 case to chapter 7 for the administration of undisclosed assets.
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Court
:
- 11 U.S.C.
In re Davenport
Dec
06
2005
Ruling
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
Procedural posture
The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.
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Court
:
- 11 U.S.C.
New Buffalo Sav. Bank v. McClung (In re McClung)
Dec
06
2005
Ruling
Creditor's claim was not excepted from discharge since the creditor did not establish willful and malicious injury by the debtor.
Procedural posture
Defendant debtor filed for bankruptcy relief under chapter 7. Plaintiff bank filed a proceeding to obtain a ruling that its unsecured claim exceeding $617,000 was excepted from discharge because of a willful and malicious injury to the bank, as contemplated by 11 U.S.C. § 523(a)(6). The debtor sought dismissal of the proceeding.
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Court
:
- 11 U.S.C.
In re Winn-Dixie Stores Inc.
Nov
15
2005
Ruling
Lessor was denied an application for payment of rent because the rent obligations accrued pre- petition.
Procedural posture
Lessor filed an application for payment of administrative expenses for lease payments that accrued pre-petition but were not paid. The debtors filed an objection.
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Court
:
In re Lezdey
Oct
18
2005
Ruling
Debtors'cases were dismissed since their plans offered illusory promises of payment and were filed to delay the creditor.
Procedural posture
The debtors filed petitions for chapter 11 bankruptcy. The creditor filed a motion to dismiss under 11 U.S.C. § 1112.
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Court
:
- 11 U.S.C.
Meininger v. Khanani (In re Khanani)
Sep
27
2005
Ruling
Debtor was denied discharge where the debtor failed to provide trustee with subpoenaed books and records and made false statements regarding a property transfer.
Procedural posture
Plaintiff trustee filed an objection to defendant debtor's discharge in chapter 7 bankruptcy.
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Court
:
- 11 U.S.C.
Metro. Steel Inc. v. Halversen (In re Halversen)
Sep
14
2005
Ruling
Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.
Procedural posture
Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.
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Court
:
In re Meyn
Sep
12
2005
Ruling
Abuse of chapter 7 was found where the debtor inflated expenses, failed to disclose certain interests and prepetition expenditures, and had sufficient disposable income for a meaningful chapter 13 plan.
Procedural posture
Movant trustee sought to dismiss the chapter 7 case of respondent debtor pursuant to 11 U.S.C. § 707(b) or alternatively to dismiss the debtor's case under section 707(a) for "cause." The debtor's chapter 13 case had been previously dismissed for failure to confirm a plan.
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Court
: