In re Reading Broadcasting Inc.
Jul
08
2008
Ruling
Creditor's claim allowed only to extent of damages specifically awarded by state court for breach of time brokerage agreement and prejudgment interest.
Procedural posture
A creditor submitted a general unsecured claim against the estate of a bankruptcy debtor, a closely held corporation which operated a television station, consisting of damages for the debtor's breaches of time brokerage and stock option agreements, plus prejudgment interest. The bankruptcy trustee objected to the claim with regard to damages based on breach of the stock option agreement and interest.
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Court
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In re Martorana
Apr
11
2008
Ruling
Debtor offered final opportunity to prepare viable plan of face dismissal.
Procedural posture
The chapter 13 debtor sought confirmation of his amended chapter 13 plan. The standing chapter 13 trustee and the secured creditor mortgagee bank opposed confirmation. The trustee moved for dismissal of the case as not feasible, pursuant to 11 U.S.C.S. § 1307(c)(1), (c)(4).
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Court
:
- 11 U.S.C.
In re Saunders
Mar
17
2008
Ruling
Case dismissed post-confirmation due to debtor's failure to tender all plan payments.
Procedural posture
The standing chapter 13 trustee moved to dismiss the case, pursuant to 11 U.S.C.S. § 1307(c), due to debtor's failure to tender all payments required by the terms of her confirmed plan. This motion was supported by secured creditor bank, which held a first mortgage lien on debtor's residence. Debtor opposed dismissal. Debtor moved to modify her confirmed plan under 11 U.S.C.S. § 1329. That motion was challenged by the bank and the trustee.
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Court
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In re Johnson
Mar
11
2008
Ruling
Plan proposing 15 year term in case filed primarily to protect real property in which debtor did not reside dismissed with 180-day refiling bar.
Procedural posture
The United States trustee sought conversion of a chapter 11 debtor's case to chapter 7 under 11 U.S.C.S. § 1112(b) or alternatively, dismissal of the case. The debtor, who had sought confirmation of a second amended plan of reorganization pursuant to 11 U.S.C.S. § 1129(b), sought additional time to propose and confirm a third amended plan of reorganization. The trustee opposed the request.
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Court
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In re Smith
Feb
01
2008
Ruling
Debtor's proposed modification denied due to attempt to create new secured creditors' class.
Procedural posture
A creditor and trustee opposed a debtor's motion to modify his confirmed chapter 13 plan post-confirmation, pursuant to 11 U.S.C.S. § 1329, to reimpose the automatic stay.
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Court
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In re Diloreto
Jan
11
2008
Ruling
Involuntary petition dismissed as service on debtor via overnight courier was improper.
Procedural posture
An involuntary chapter 7 debtor filed a motion to dismiss the involuntary petition under 11 U.S.C. § 109(h) and for lack of subject matter jurisdiction. The debtor also filed a motion to transfer venue.
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Court
:
- 11 U.S.C.
In re Chadda
Nov
09
2007
Ruling
Case dismissed due to debtor's failure to propose confirmable non-speculative plan.
Procedural posture
A chapter 11 debtor sought confirmation of an amended reorganization plan. Creditors of the debtor and the United States trustee objected on the grounds that the plan did not meet the feasibility requirement of 11 U.S.C. § 1129(a)(11). One of the creditors also filed a motion to dismiss the debtor's case pursuant to 11 U.S.C. § 1112.
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Court
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In re Goodwin
Nov
02
2007
Ruling
Chapter 13 case dismissed rather than converted to chapter 7 where primary asset was owned by the entireties with nondebtor spouse.
Procedural posture
A bankruptcy debtor sought confirmation of his chapter 13 plan, but the bankruptcy trustee contended that the debtor's delinquency in current plan payments and proposed increase in payments indicated that the plan was not feasible. The trustee objected to confirmation of the debtor's plan pursuant to 11 U.S.C. § 1325(a)(6) and moved for conversion of the debtor's case to chapter 7 pursuant to 11 U.S.C. § 1307(c).
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Court
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In re Dunlop
Oct
16
2007
Ruling
Relief from stay and co-debtor stay granted to allow ejectment proceedings against debtor and spouse.
Procedural posture
Before the court was a motion filed by movant, a property services company, to dismiss this bankruptcy case with a 180-day bar against future filings. Alternatively, it sought relief from the bankruptcy stay as well as relief from the co-debtor stay pursuant to 11 U.S.C. § 1301(c), in order to prosecute an ejectment action against debtor and her husband pending in state court.
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Court
:
In re Romano
Oct
11
2007
Ruling
Trustee's motion to sell debtor's residence denied due to failure to file adversary proceeding.
Procedural posture
Chapter 7 trustee filed a motion to sell the debtor's residence at public auction, pursuant to 11 U.S.C. § 363(b) and (f). The debtor filed a motion to amend his exemption claims, so as to declare his residence exempt under state law.
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Court
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