- 11 U.S.C.
SkyTop Enters. LLC v. Citrus Tower Blvd. Imaging Ctr. LLC (In re Citrus Tower Blvd. Imaging Ctr. LLC)
Sep
19
2011
Ruling
Relief from stay granted to allow landlord to continue prepetition action to determine outstanding amount of prepetition rent.
Procedural posture
Movant landlord sought relief from stay per 11 U.S.C.S. § 362 to continue prepetition state court litigation in which movant sought rulings as to how much debtor, a commercial tenant, owed on account of unpaid rents. Both debtor and another creditor opposed relief. Issues included whether the lease had already been terminated as of the date of the Chapter 11 filing and the impact of 11 U.S.C.S. § 365 on the parties' rights and liabilities.
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Court
:
- 11 U.S.C.
Avaya Inc. v. Matthews (In re Matthews)
Aug
23
2011
Ruling
Action to recover attorneys' fees for dismissed patent case stayed with respect to debtor primary shareholder who was not a defendant in the action.
Procedural posture
Movant, the defendant in a patent infringement action filed by a corporation in which respondent chapter 7 debtor was the primary shareholder, sought a determination that the automatic stay under 11 U.S.C.S. § 362(a)(1) did not apply to its action to recover attorneys' fees from the debtor and the corporation after the patent litigation was dismissed.
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Court
:
- 11 U.S.C.
Green Tree Servicing LLC v. Horner (In re Horner)
Jul
18
2011
Ruling
Objection to confirmation based on value of mobile home overruled due to debtor's expert's cost approach testimony.
Procedural posture
Objector creditor, the holder of a security interest in a mobile home occupied by debtors, a married couple, opposed confirmation of their Chapter 13 plan on the claim that the plan did not comply with the "cramdown" provisions in 11 U.S.C.S. § 1325(a)(5)(B) based on the parties' disagreements as to the value of the mobile home as collateral.
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Court
:
- FRBP
In re Diplomat Constr. Inc.
May
05
2011
Ruling
Trustee's motion for authorization to settle claims against bank granted over objection of debtor's former principals.
Procedural posture
A Chapter 7 trustee filed a motion pursuant to Fed. R. Bankr. P. 9019(a) for authorization to settle and compromise claims against a bank. The trustee sought to settle the remaining claims in an adversary action against the bank: fraud and misappropriation of trade secrets under Georgia law. Objections to the trustee's motion were filed by former principals of the debtor (the objectors).
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Court
:
- 11 U.S.C.
ARC Real Estate LLC v. Richards (In re Richards)
Mar
17
2011
Ruling
False title warranty was made intentionally, with malice and was basis for nondischargeable debt.
Procedural posture
Creditor commenced an adversary proceeding against defendant debtor seeking a determination that debtor's debt to the creditor was nondischargeable pursuant to 11 U.S.C.S. §§ 523(a)(2)(A), (a)(6). The case was before the court on the creditor's Motion for Entry of Default Judgment pursuant to Fed. R. Civ. P. 55(b), made applicable by Fed. R. Bankr. P. 7055.
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Court
:
- 11 U.S.C.
Georgia Lottery Corp. v. Koshy (In re Koshy)
Sep
24
2010
Ruling
Failure to remit proceeds of sale of lottery tickets was fiduciary defalcation resulting in nondischargeable debt.
Procedural posture
Plaintiff Georgia Lottery Corporation filed an adversary proceeding against defendant Chapter 7 debtors, seeking a determination that the debtors owed the corporation a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Douglas County Bd. Of Commrs v. Quarterman (In re Quarterman)
Aug
20
2010
Ruling
Attorneys' fees incurred by creditor in frivolous litigation brought by debtor were nondischargeable.
Procedural posture
A county board of commissioners (the Board) brought this adversary action against defendant debtor seeking a finding that judgment debts owed to the Board, in the form of attorneys' fees arising the debtor's frivolous state court litigation against the Board, were non- dischargeable debts under 11 U.S.C.S. § 523(a)(6).
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Court
:
- 11 U.S.C.
In re Anderson
Jul
22
2010
Ruling
Repossession of vehicle that was owned by "S" Corp of which debtor was president and was not property of the estate did not violate stay.
Procedural posture
In a chapter 13 case, the debtor filed a motion for sanctions against the seller of a vehicle after the seller repossessed a tractor-trailer belonging to the debtor's corporation. The seller filed an objection to confirmation.
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Court
:
- FRBP
In re Harmon
Jun
03
2010
Ruling
Firm sanctioned for improper actions of its lawyers in several cases.
Procedural posture
Based on claims of improper conduct on the part of a law firm that had filed various bankruptcy cases before the court, the court issued show cause orders and considered whether the evidence adduced in connection therewith afforded a sufficient basis, per Fed. R. Bankr. P. 9011, Bankr. N.D. Ga. Gen. Ord. 6-2006, or local bankruptcy court rules, to impose sanctions against the law firm, its managing partner, or lawyers affiliated with the firm.
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Court
:
- 11 U.S.C.
Gordon v. United States (In re Sissine)
May
27
2010
Ruling
State department of revenue and IRS did not violate stay by withholding tax refunds due to lack of notice and outstanding Trust Fund Recovery Penalty liabilities respectively.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the Georgia Department of Revenue (GDOR) and United States of America, claiming, inter alia, that defendants violated the stay that was imposed when a debtor declared bankruptcy and were liable under former 11 U.S.C.S. § 362(h)(1) (recodified in 2005 as 11 U.S.C.S. § 362(k)(1)) in damages. The parties filed cross-motions for summary judgment.
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