Brown v. Steel Capital LLC (In re Brown)
Dec
18
2013
Ruling
Bankruptcy court lacked jurisdiction over non-core proceedings not related to debtor's bankruptcy.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction over debtor's proceeding contesting creditor's secured status with regard to real property against which the creditor had been allowed to proceed pursuant to the granting of its motion for relief from stay?
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Court
:
- FRBP
In re Holmes
Jul
11
2013
Ruling
Debtor's attorney sanctioned for reliance on assurances of non-lawyer employee to detriment of debtor.
Issue(s)
Should debtor's attorney be sanctioned for providing improper advice regarding the sale of property and dismissal of the case and for allowing paralegal to exercise duties and responsibilities belong solely to attorneys.
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Court
:
- 11 U.S.C.
In re Mack
Sep
11
2012
Ruling
Objection to confirmation based on failure to include non-debtor spouse's income in current monthly income calculation overruled.
Procedural posture
Before the court was the issue of confirmation of debtor's chapter 13 plan. The chapter 13 Trustee objected to confirmation and also sought dismissal of the case.
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Court
:
In re ONeal
Apr
18
2012
Ruling
Plan could be confirmed over objection of former spouse where claim was for property settlement, not alimony, and could be compromised.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to dismiss the debtor's case for "cause," pursuant to 11 U.S.C.S. § 1307(c), claiming that the debtor declared chapter 13 bankruptcy and filed his bankruptcy plan in bad faith. The court held a hearing on the ex-wife's claims.
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Court
:
In re Nittolo
Mar
16
2012
Ruling
Relief from stay granted to allow purchaser of real estate at foreclosure to enforce rights under state law.
Procedural posture
Movant, the servicer for a creditor of a chapter 11 debtor, asked the court for relief from stay per 11 U.S.C.S. § 362(d) for cause, thereby permitting movant to use a "lock out" to recover possession of real estate that it had purchased at a foreclosure sale that had occurred under an order granting relief from stay in a prior bankruptcy case of debtor, one of three cases filed by her in 2009 and 2010. Debtor opposed relief.
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Court
:
- FRBP
Moore v. Delta Cmty. Credit Union (In re Moore)
Mar
06
2012
Ruling
Reconsideration of order resolving adversary proceeding granted on grounds of excusable neglect and limited delay or prejudice.
Procedural posture
Before the court was the Motion to Reconsider the Court's Final Order Resolving the Adversary Proceeding filed by defendant creditor. Plaintiff debtors opposed the Motion.
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Court
:
- 11 U.S.C.
In re Minnix Constr. Inc.
Dec
20
2011
Ruling
Debtor's accounting firm, which was not employed by trustee, held a general unsecured claim for fees.
Procedural posture
The chapter 7 trustee objected to a priority unsecured claim filed by claimant, an accounting firm that had provided services to debtor both before and after the filing of debtor's chapter 7 case. At issue was whether the claim was properly classified as a priority unsecured claim or if, as urged by the trustee, some part of it was properly allowed as an unsecured claim and some part was properly disallowed in its entirety.
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Court
:
In re Freeman
Nov
29
2011
Ruling
Debtor's attorneys' fees allowed as reasonable with small adjustments for time spent by junior associates.
Procedural posture
Before the court was the application for compensation filed by a law firm, as debtor's counsel. In the Application, the firm sought approval of $42,348 in fees and expenses. Debtor responded to the application, essentially arguing that the amount billed by the firm was not reasonable.
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Court
:
- 11 U.S.C.
In re Buchanan
Oct
11
2011
Ruling
Creditor with notice who did not file proof of claim by bar date not entitled to second priority payment.
Procedural posture
Before the court was a Request for Consideration and Inclusion in Final Settlement and Compensation, filed by an unsecured claimant.
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Court
:
Castillo v. Three Aces Auto Sales (In re Castillo)
May
25
2011
Ruling
Damages awarded for creditor's violation of stay by refusing to turn over vehicle repossessed just prior to petition date.
Procedural posture
Chapter 13 debtors filed a motion pursuant to 11 U.S.C.S. § 362(k), seeking an award of actual damages, attorney's fees, and punitive damages against respondent creditor for a willful violation of the automatic stay.
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Court
: