- 11 U.S.C.
In re Andersen 2000 Inc.
Apr
24
2006
Ruling
Motion for relief from automatic stay was granted to allow state court action to continue.
Procedural posture
Movants, a creditor and an insurer, as subrogee of the creditor, moved for relief from the automatic stay. The creditor had previously filed a state court action against the debtor, which action was settled. Upon discovering that the debtor had insurance coverage, movants requested relief from stay to permit them to continue litigating the state court action.
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Court
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Holland v. Zimmerman (In re Zimmerman)
Apr
18
2006
Ruling
Modification of automatic stay was deemed appropriate to allow arbitration to continue since the arbitration statute did not conflict with the applicable section 523(a)(19) of the Bankruptcy Code.
Procedural posture
Plaintiffs, investors, filed a complaint to determine that defendant debtor's liability to them was excepted from discharge under 11 U.S.C. § 523(a)(2), (4) or (6). The court subsequently allowed the investors to amend their complaint to invoke the dischargeability exception in section 523(a)(19). The investors also filed a motion to lift the automatic stay of 11 U.S.C. § 362(a) to permit them to prosecute pending arbitration proceedings.
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Court
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In re Carter
Apr
13
2006
Ruling
Debtor's counsel's attempt to collect additional attorneys' fees was barred by plan confirmation.
Procedural posture
Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
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Court
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In re Carter
Apr
13
2006
Ruling
Debtor's attorney's attempt to collect additional fees barred by confirmation of plan.
Procedural posture
Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
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Court
:
- 11 U.S.C.
Am. Express Ceturion Bank v. Chowdhury (In re Chowdhury)
Apr
11
2006
Ruling
Creditor was granted motion for default judgment since debtors lacked ability to pay credit card charges at time they made them and subsequently.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor filed a motion for default judgment.
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Court
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Anderson v. Sandstone Estates LLC (In re S & W Intl Food Specialies Inc.)
Apr
10
2006
Ruling
Transfer was deemed fraudulent, and trustee was entitled to recover from home builder, which was deemed initial transferee.
Procedural posture
Plaintiff chapter 7 trustee's filed an adversary proceeding against defendant home builder seeking to avoid a fraudulent transfer pursuant to 11 U.S.C. § 548 and to recover funds pursuant to 11 U.S.C. § 550. The home builder filed a motion for partial summary judgment contending that it was not an initial transferee under section 550(a). The Trustee filed a cross-motion for summary judgment.
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Court
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In re Causey
Apr
05
2006
Ruling
Case was dismissed since debtor did not provide credit counseling certification or provide explanation of exigent circumstances.
Procedural posture
Movant bankruptcy trustee moved to dismiss nonmovant debtor's bankruptcy petition for chapter 11 bankruptcy relief. The debtor requested recusal of the bankruptcy judge.
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Court
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Ryan v. Reynolds (In re Reynolds)
Apr
05
2006
Ruling
Home owners'motion for summary judgment was denied since state court judgment against contractor did not establish nondischargeability.
Procedural posture
Plaintiff property owners brought an adversary proceeding against defendant bankruptcy debtor who was a construction contractor, seeking a determination that the owners'state-court judgment against the debtor for failing to pay a supplier of the debtor from funds provided by the owners was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The owners moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Champion-Lee
Apr
04
2006
Ruling
Court granted debtor's motion to convert case over trustee's claim of debtor bad faith since it appeared debtor could propose confirmable plan and conversion was in best interests of creditors.
Procedural posture
Petitioner debtor filed a motion to convert his chapter 7 case to a chapter 13 case. Respondent chapter 7 trustee objected to the conversion, asserting that the debtor's motion to convert and chapter 13 plan were not proposed in good faith under 11 U.S.C. § 1325(a)(3).
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Court
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In re Know Thy Self Inc.
Mar
17
2006
Ruling
Sole proprietorship was not eligible to be a debtor, and automatic stay was annulled.
Procedural posture
Before the court in debtor's chapter 11 matter was a creditor's Motion for Relief from Automatic Stay, to Annul Automatic Stay Ab Initio, to Validate Foreclosure Sale, and for in Rem Relief.
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Court
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