- 11 U.S.C.
In re Jude Thaddeus Partners I Inc.
Nov
01
2010
Ruling
Voluntary dismissal granted after stay was lifted to allow foreclosure of sole asset.
Procedural posture
Chapter 11 debtor filed a motion dismiss the bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(1). The debtor's primary creditor filed a motion to convert the case to chapter 7 pursuant to § 1112(b)(1).
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Court
:
- 11 U.S.C.
In re JNL Funding Corp.
Sep
15
2010
Ruling
Secured creditor's motion to disband official committee of unsecured creditors denied.
Procedural posture
The purported secured lender of the debtor, which itself was a mortgage lender, filed a request that the court disband the official committee of unsecured creditors.
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Court
:
- 11 U.S.C.
In re JNL Funding Corp.
Aug
26
2010
Ruling
Examiner appointed to investigate allegations of fraud, dishonesty, incompetence, misconduct and mismanagement of chapter 11 debtor.
Procedural posture
Debtor filed a petition for relief pursuant to chapter 11 of the Bankruptcy Code. The case was marked by increasing acrimony, motion practice, letters to the court, and discovery disputes, all of which appeared to be increasing the costs of administration of the estate and the costs to parties-in-interest. The court directed debtor to appear and show cause why an examiner should not be appointed.
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Court
:
In re Star
Aug
13
2010
Ruling
Debtor's attorney ordered to use fees received for CLE on bankruptcy and ethics issues due to deficient representation.
Procedural posture
In this chapter 13 case, pending before the court was the issue of disgorgement of counsel's fees, the manner by which counsel had communicated to the court, the nature of his representation of the debtor, and the payment he had received from debtor.
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Court
:
Liberty Mut. Ins. Co. v. New York (In re Citron)
May
06
2010
Ruling
Payment by debtor as part of plea agreement was preferential and avoidable.
Procedural posture
Adversary plaintiff, an insurer and the primary creditor of the husband and wife debtors, sought to avoid and recover a $ 75,000 criminal fine paid by debtor husband to defendant state as part of a plea agreement related to several felony counts of insurance fraud, and payments of $ 5000 and $ 9000 made by debtor wife as part of a plea agreement. The state asserted a complete defense based on contemporaneous exchange for new value.
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Court
:
In re Aiello
Apr
28
2010
Ruling
Bad faith dismissal denied in absence of extreme misconduct.
Procedural posture
The only appearing creditor filed a motion seeking to dismiss the debtor's chapter 7 bankruptcy case for cause, pursuant to 11 U.S.C.S. § 707(a). The debtor filed an opposition to the motion.
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Court
:
In re Caliguri
Mar
16
2010
Ruling
Second lien could not be avoided in no-asset case where creditor had not filed a proof of claim.
Procedural posture
A chapter 7 bankruptcy debtor's real property was collateral for both first and second priority mortgages, and the debtor moved to avoid the second mortgage lien pursuant to 11 U.S.C.S. § 506(d) on the ground that the lien was wholly under-secured.
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Court
:
In re Meneses
Mar
03
2010
Ruling
Debtor could not reopen case to list previously undisclosed workplace injury action against employer that was dismissed.
Procedural posture
Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code. An order was entered granting the debtor his discharge, and the case was closed. The debtor moved to reopen the case under 11 U.S.C.S. § 350(b). An employer objected.
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Court
:
- 28 U.S.C.
Williams v. Horowitz (In re Horowitz)
Mar
01
2010
Ruling
Abstention justified where proceeding involved non-core state law claims and possible jury trial.
Procedural posture
Movant creditor sought relief from stay per 11 U.S.C.S. § 362 to allow pending state court litigation filed by him to continue. Movant had also filed an adversary complaint against debtor for an order that certain debts owed to him by debtor, which debts also were at issue in the state court action, were non-dischargeable per 11 U.S.C.S. § 523(a)(4), One issue was whether the court might properly abstain from deciding the adversary complaint.
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Court
:
In re Iron Horse Bicycle Co. LLC
Feb
04
2010
Ruling
Fee application by debtor's financial advisor, who was never formally approved, deferred pending resolution of other contribution claims.
Procedural posture
A financial advisor which had been considered for retention to represent the debtor with respect to an auction sale of its assets, filed an application for payment of its fees and expenses. Multiple creditors filed objections to the application.
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Court
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