In re Glunk
Jun
12
2006
Ruling
Dismissal was denied, but relief from automatic stay was granted so state medical malpractice case could continue.
Procedural posture
Debtor was a physician who was a defendant in prepetition state court litigation in which he was sued for damages after a surgical procedure went awry and resulted in the death of an 18 year old woman. The parents of the decedent, as co-administrators of her estate, moved to dismiss the chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a). Alternatively, the parents sought relief from stay to pursue their state court litigation.
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Court
:
- 11 U.S.C.
In re Venuto
Jun
06
2006
Ruling
Creditor violated discharge injunction by executing on prepetition judgment to remedy a post- cue default.
Procedural posture
Debtors moved to reopen their closed chapter 13 case to obtain further relief from the court, more specifically, for the court to enter an order staying a sheriff's sale of their residence which was scheduled for June 9, 2006.
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Court
:
- 28 U.S.C.
IndyMac Bank v. Kogan (In re Kogan)
May
26
2006
Ruling
Bankruptcy court lacked subject matter jurisdiction over claims to escrowe funds that were abandoned by trustee.
Procedural posture
Plaintiff bank filed a complaint seeking a declaratory judgment upholding the bank's mortgage lien and invalidating defendant creditors'judgment lien on defendant debtors'realty.
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Court
:
In re Ragland
May
25
2006
Ruling
Court lacked jurisdiction over post-dismissal fee dispute between debtor and counsel.
Procedural posture
In two chapter 13 cases, counsel for debtors filed motions seeking to direct the chapter 13 trustee to pay them, for payment of outstanding legal fees, all funds received by the trustee from the debtors prior to the dismissal of their chapter 13 cases.
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Court
:
- 11 U.S.C.
In re Ellis
May
16
2006
Ruling
Plan confirmation denied due to unfeasability and lack of good faith.
Procedural posture
A bankruptcy debtor's chapter 13 plan proposed to pursue an adversary proceeding to set aside a foreclosure sale of the debtor's residence and to pay his mortgage debt with funds from a deferred compensation account under an employment plan. The debtor requested that the plan be confirmed, and the trustee moved to dismiss the debtor's bankruptcy case.
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Court
:
- 11 U.S.C.
In re 3 Ram Inc.
May
09
2006
Ruling
Case was dismissed since bankruptcy filing was not warranted to resolve two-party dispute over liquor license.
Procedural posture
A corporate bankruptcy debtor existed only to hold a liquor license which was used in the business of the debtor's sole shareholder, and the debtor filed bankruptcy to avoid a creditor's execution against the license based on allowance of the creditor's claim in the shareholder's bankruptcy. The creditor moved to dismiss the debtor's bankruptcy case for cause pursuant to 11 U.S.C. § 1112(b)(1).
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Court
:
In re Gordon-Brown
Apr
18
2006
Ruling
Court reduced certain legal expenses set forth in creditor's proof of claim after applying "lodestar" method to determine reasonable fee amount.
Procedural posture
Debtor filed an objection to the amended proof of claim filed by creditor. The creditor filed the claim as a secured claim in its capacity as servicer of the mortgage on the debtor's residential real estate. In the objection, the debtor challenged certain legal expenses which were set forth in the proof of claim's itemization of the prepetition mortgage arrears.
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Court
:
In re Jester
Apr
12
2006
Ruling
Debtor was awarded damages for creditor's willful violation of automatic stay.
Procedural posture
Debtor filed a motion for contempt of the automatic stay of 11 U.S.C. § 362(a) against creditor, the Philadelphia Parking Authority ("PPA"), for the latter's postpetition conduct in seizing and impounding debtor's vehicle and selling it to recover the costs of unpaid, prepetition, parking fines and storage costs.
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Court
:
In re Frascella Enters.
Apr
12
2006
Ruling
Debtor's application to hire counsel denied due to failure to completely disclose prior relationship with law firm.
Procedural posture
After the debtor filed for chapter 11 bankruptcy, the debtor filed an application to hire a certain law firm as counsel pursuant to 11 U.S.C. § 327(a), the unsecured creditors objected.
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Court
:
In re Giles
Apr
10
2006
Ruling
Debtor was granted motion to avoid a creditor's lien in an automobile since the lien was nonpossessory and impaired debtor's exemption of the automobile as a tool of debtor's trade.
Procedural posture
A bankruptcy debtor obtained a loan from a creditor which was secured by the debtor's automobile, and the debtor defaulted on the loan prior to filing her bankruptcy petition, but the creditor did not repossess the automobile. The creditor moved for relief from the automatic stay to enforce its lien, and the debtor moved to avoid the lien under 11 U.S.C. § 522 as impairing the debtor's exemption of the automobile as a tool of her trade.
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Court
: