Turner v. Stuart (In re Stuart)
Dec
16
2005
Ruling
Debtor's third and fourth cases were dismissed for cause due to filing in bad faith.
Procedural posture
Two cases came before the court on motions filed by movant, the trustee, to dismiss each of respondent debtor's cases with prejudice. Also, in one of the cases, movant creditor sought to annul the automatic stay so that it could complete the foreclosure sale to the third-party bidder.
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Court
:
- 11 U.S.C.
In re Damiano
Dec
13
2005
Ruling
Late-filed proof of claim of the debtor's mother was disallowed since the mother had actual knowledge of the case in time to timely file and another creditor objected to the mother's motion to deem the filing timely.
Procedural posture
Movant, the mother of a debtor, sought an order allowing her late-filed proof of claim in her daughter's chapter 7 bankruptcy case under Fed. R. Bankr. P. 3002. A creditor opposed the motion.
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Court
:
- 11 U.S.C.
Vaughn v. Pipkin (In re Vaughn)
Dec
02
2005
Ruling
Debtor was granted an automatic stay continuation in a chapter 13 case since the criteria for obtaining an injunction were met.
Procedural posture
Before the court in a chapter 13 case was movant debtor's request for continuation of the automatic stay. Debtor sought continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) as to all creditors and parties of interest until the case was closed.
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Court
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Mortg. Elec. Registration Sys. v. Townsend (In re Townsend)
Dec
02
2005
Ruling
Court denied the debtor's emergency motion to reconsider a section 109(g) dismissal order since the debtor failed to file a court-requested affidivat of making chapter 13 plan payments or postpetition mortgage arrearages.
Procedural posture
Debtor filed a pro se motion styled as "Emergency Motion to Reconsider Order of Dismissal Pursuant to 11 U.S.C. § 109(g) to Shorten Time for Notice and to Permit Re-Filing." The motion was opposed by creditor, which filed a request to deny debtor's Emergency Motion.
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Court
:
- 11 U.S.C.
Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.)
Nov
17
2005
Ruling
Creditor was denied motion for full monthly rental payment pursuant to a lease but was granted motion for payment of postfiling use of the premises as an administrative expense.
Procedural posture
Petitioner debtor leased nonresidential real property from respondent creditor pursuant to a lease agreement requiring the payment of annual rent in equal monthly installments on the first day of each month. The debtor filed for bankruptcy on November 4, 2004, without having paid the rent for November 2004. The creditor moved for an order compelling the debtor to pay the full monthly lease rent payment. The debtor contested the motion.
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Court
:
- 11 U.S.C.
In re Bland
Nov
16
2005
Ruling
Hearing was scheduled to determine if pro se debtor could justify a request for a waiver of the prefiling credit counseling requirement.
Procedural posture
Debtor filed a chapter 7 case pro se.
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Court
:
In re Monteiro
Oct
31
2005
Ruling
Pro se debtor did not sufficiently allege grounds for obtaining an exemption from the prefiling credit counseling requirement, but the court permitted the debtor to supplement the exemption request and and to obtain a credit briefing within 30 days of filing.
Procedural posture
The debtor filed a chapter 7 case pro se. The debtor requested a waiver of the credit counseling requirement under 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Bramlett Plumbing Inc.
Oct
14
2005
Ruling
Debtors'counsel was ordered to refund the debtor a retainer that had been characterized to the court as for bankruptcy case services but that had been applied to a prepetition services debt.
Procedural posture
In August, 2005, the debtors filed an application to employ an accounting firm, and the application disclosed that the debtors had paid the firm a prepetition retainer. The court advised debtors that the filing was deficient and the debtors filed a pleading withdrawing the application. The debtors were directed to file a report disclosing the actual amount of the retainer and its disposition.
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Court
:
In re Applications for Unclaimed Funds
Sep
30
2005
Ruling
Hearing was scheduled to determine proper recipients of unclaimed funds since the claims locator service submitted applications that were deficient under section 347(a) standards.
Procedural posture
A claims locator service submitted multiple applications for payment of unclaimed funds to the bankruptcy court. The court considered the legal requirements concerning such applications.
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Court
:
- 11 U.S.C.
In re Dan River Inc.
Sep
30
2005
Ruling
Financial advisors'application for compensation was granted with no fee reduction.
Procedural posture
Several financial advisors filed an application for compensation in a bankruptcy case. A debtor and an official committee of unsecured creditors objected to the application.
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Court
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