- 11 U.S.C.
In re Tender Loving Care Health Servs.
Dec
31
2009
Ruling
Creditor's attorneys' fees for appeal of allowance of unsecured claim denied.
Procedural posture
Movant creditor requested payment of his attorneys fees incurred in connection with efforts to collect an allowed unsecured claim, which included an appeal to the United States Court of Appeals for the Second Circuit, and for prejudgment and postjudgment interest on the allowed claim.
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Court
:
- 11 U.S.C.
In re Blair
Dec
21
2009
Ruling
Mortgage creditor granted in rem relief to prevent further stays against foreclosure due to debtor's serial filings.
Procedural posture
Movant creditor, the mortgage lender on debtors' real property, moved for in rem relief regarding the mortgaged premises, asserting that the debtors had filed ten separate serial bankruptcy cases for the purpose of hindering and delaying the creditor's attempts to foreclose against the real property.
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Court
:
- 28 U.S.C.
Barbaro v. Wider (In re Wider)
Nov
30
2009
Ruling
Bankruptcy court abstained from hearing adversary proceeding concerning state court actions involving state law.
Procedural posture
Plaintiff creditors filed a complaint against defendant chapter 7 debtor objecting to the dischargeability of certain alleged debts under 11 U.S.C.S. § 523(a). The creditors also sought to block the debtor's discharge pursuant to 11 U.S.C.S. § 727. The court issued an order to show cause why it should not abstain under 28 U.S.C.S. § 1334 from hearing the adversary as to the claims under 11 U.S.C.S. § 523(a).
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Court
:
- 11 U.S.C.
In re Spina
Sep
24
2009
Ruling
Tax refund was to be divided equally between debtor and non-debtor spouse with debtor's non-exempt portion turned over to estate.
Procedural posture
Trustee filed a motion to turnover property under 11 U.S.C.S. § 521(a)(4) with respect to the pre-petition federal and state income taxes paid by the debtor and his non-debtor spouse, contending that $ 5,636 was the nonexempt portion of tax refunds. Debtor contended that the total amount to be turned over would be $ 1,568 due to the portion designated for the non-debtor spouse.
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Court
:
- 11 U.S.C.
Fitzsimmons v. American Home Mortg. Servicing Inc. (In re Fitzsimmons)
Sep
15
2009
Ruling
Claim filed by mortgage servicer was valid where foreclosure had occurred but not divested debtor of title.
Procedural posture
Debtor filed an adversary proceeding against defendant mortgage servicing company, seeking a judgment declaring that a proof of claim the company filed against the debtor's bankruptcy estate was invalid, denying the company's request for relief from the automatic stay, and awarding the debtor damages. The company filed a motion for summary judgment.
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Court
:
In re Seligman
Aug
28
2009
Ruling
Chapter 13 case severed from jointly filed chapter 13 case to allow debtor to convert one case to chapter 7.
Procedural posture
Pending before the court was the motion to "deconsolidate" or sever the joint bankruptcy case into separate cases (the Motion to Sever) filed by debtors.
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Court
:
- 11 U.S.C.
Niedzwiecki v. Mangiapanella (In re Mangiapanella)
Aug
28
2009
Ruling
Debt arising from auto accident in which debtor hit pedestrian and fled scene was dischargeable as accident itself was not due to malicious or reckless behavior.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
:
- FRBP
In re Datta
Jul
02
2009
Ruling
Debtor's counsel ordered to disgorge excessive portion of flat fee.
Procedural posture
The United States trustee filed a motion requesting the court to require debtor's counsel to disgorge a portion of the flat fee of $ 4,630 charged the debtor. The court was required to determine the reasonableness of that fee for a routine, below-median, no asset chapter 7 case.
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Court
:
- 11 U.S.C.
In re Bruns
Jul
02
2009
Ruling
Debtor's former attorney ordered to disgorge excessive fees paid by debtor.
Procedural posture
An 82-year-old debtor filed a petition for relief under chapter 13 on October 24, 2008, and after his case was dismissed and subsequently reopened, his former attorney filed a request for allowance of legal fees. The debtor asked the court to order his former attorney to disgorge attorney fees the debtor paid him.
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Court
:
- 11 U.S.C.
In re AMAP Sales & Collision Inc.
Mar
25
2009
Ruling
Extension of time to file chapter 11 plan granted given likely confirmation within a reasonable time.
Procedural posture
A chapter 11 debtor filed a motion pursuant to 11 U.S.C.S. §§ 1121(e)(3) and 1129(e), seeking an order extending its time to obtain confirmation of its plan of reorganization.
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Court
: