- 11 U.S.C.
Fun Bowl Vacations, Inc., In re--O'Toole v. Heinemann
Jan
06
2025
Ruling
Transfers were avoidable as fraudulent due to lack of reasonably equivalent value and debtor's insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Simon, In re
Jan
03
2025
Ruling
Court dismissed debtor's Chapter 7 case for substantial abuse, finding sufficient disposable income to repay debts after reducing excessive expenses, and bad faith due to serial filings and noncompliance with prior plans. (Bankr. M.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
Estate of Steinke, In re
Dec
31
2024
Ruling
The effective date of the plan for purposes of property valuation refers to the confirmation date, not the petition date. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.
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Court
:
Denton, In re--Denton v. United States, IRS
Dec
30
2024
Ruling
Sovereign immunity for claims against governmental units regarding violations of the automatic stay waived. (Bankr. E.D. Okla.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Court
:
Hughes, In re--Hughes v. MTGLQ Invs., LP
Dec
27
2024
Ruling
Reactivating reformation action and instituting foreclosure proceedings did not violate the discharge injunction as these actions sought to enforce creditors' in rem rights. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Court
:
Majestic Hills, LLC, In re--Fuchs v. Westfields Ins. Co.
Dec
26
2024
Ruling
Debtor's motion to approve settlement was granted as it fell within the range of reasonableness due to substantial obstacles to litigating, including the need to modify existing state. (Bankr. W.D. Pa.)
Issue(s)
Compromise and Arbitration.
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Court
:
- 11 U.S.C.
Ali, In re
Dec
26
2024
Ruling
Conversion from Chapter 7 to Chapter 13 denied as debtor failed to establish proposed third party contributions were sufficiently stable and regular to enable her to fund the 100% repayment plan. (Bankr. E.D.N.Y.)
Issue(s)
Conversion.
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Court
:
- 28 U.S.C.
Fasciglione, In re--NY Tower Cap. LLC v. Fasciglione
Dec
20
2024
Ruling
Court abstained from hearing lender’s adversary proceeding seeking declaratory judgment in favor of resolution in related state court action. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
Tupper, In re
Dec
20
2024
Ruling
Case dismissed with prejudice and 180-day refiling bar because debtor's repeated bankruptcy filings on the eve of foreclosure sales demonstrated a pattern of bad faith designed to hinder and delay the mortgagee from exercising its rights. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
- 11 U.S.C.
Zahoruiko, In re
Dec
19
2024
Ruling
Debtor's Chapter 13 case dismissed with two-year refiling bar due to lack of good faith and because it was filed for abusive and dilatory purposes. (Bankr. D. Conn.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
: