- 11 U.S.C.
In re Shubh Hotels Pittsburgh LLC
Nov
23
2010
Ruling
Debtor hotel owner granted authority to execute franchise agreement with hotel chain.
Procedural posture
A chapter 11 debtor filed a motion pursuant to 11 U.S.C.S. § 363(b)(1) requesting authority to execute a franchise agreement with a hotel chain. The transaction was supported by the official committee of unsecured creditors, but was opposed by the debtor's secured lender.
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Court
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- 11 U.S.C.
In re Golash
Apr
12
2010
Ruling
Interest rate could be modified where loan would mature before completion of plan which would pay present value of claim in equal monthly installments.
Procedural posture
A creditor filed an objection to confirmation of a chapter 13 plan on the grounds that it sought to modify the contractual interest rate of a mortgage that the creditor held on the debtor's principal residence in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
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Rogel v. Deutsche Bank Natl Trust Co. (In re Rogel)
Mar
09
2010
Ruling
Creditor mortgagee's claim for postforeclosure, prepetition escrow advances allowed.
Procedural posture
Chapter 13 debtors objected to a claim of respondent creditor pursuant to 11 U.S.C.S. § 502(a). Following negotiations by the parties, the only remaining issue was whether the creditor was entitled to reimbursement for escrow advances to pay real estate taxes and insurance on the debtors' real property.
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Court
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In re N. John Cunzolo Assocs.
Feb
23
2010
Ruling
Attorney's application to represent corporate debtor denied due to conflict in representation of debtor's principal.
Procedural posture
An attorney filed an application to represent the corporate debtor when it was a debtor-in-possession in the chapter 11 case. Although the case was subsequently converted to a chapter 7, the application had not yet been approved by the court, and the attorney was not yet entitled to be paid any fees as a result of his chapter 11 representation.
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Court
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Bohm v. Howard (In re Howard)
Jan
15
2010
Ruling
Motion for stay pending appeal of turnover order denied.
Procedural posture
Plaintiff trustee moved to compel defendant, the former spouse of the debtor, to comply with prior court orders to turn over mineral rights and the proceeds thereof in which the trustee had a superior interest, and that were protected by the automatic stay. The former spouse for a stay of the court orders pending her appeal pursuant to Fed. R. Bankr. P. 8005, argued the motion to compel was filed prematurely.
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Court
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Bohm v. Howard (In re Howard)
Dec
10
2009
Ruling
Acquisition of interest in mineral rights through quit-claim deed from debtor could be avoided as fraudulent.
Procedural posture
A quit claim deed purported to transfer all title and interest in the mineral rights, including oil, gas, and coal, underlying a certain tract of land from a debtor to defendant, his ex- spouse. Plaintiff trustee initiated an adversary proceeding by filing a complaint to recover fraudulent transfer against the ex-spouse pursuant to, inter alia, 11 U.S.C.S. §§ 362, 542, 544, 549, and 550. The parties moved for summary judgment.
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Court
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- FRBP
In re Johnson
Jul
28
2009
Ruling
Debtor's failure to pay additional attorneys' fees not previously disclosed was not grounds for attorney to ignore court order to file wage attachments.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and converted her case to one under chapter 13 of the Bankruptcy Code approximately two months later. A chapter 13 trustee was appointed to administer the debtor's bankruptcy case, and he filed a motion to compel the debtor's attorney to appear and explain why he not complied with the court's order requiring him to file an amended wage attachment order.
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Court
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- 11 U.S.C.
Gargani v. Wells Fargo Bank (In re Gargani)
Jan
05
2009
Ruling
Reinstatement of case did not affect validity of foreclosure sale that took place while case was dismissed and did not retroactively reinstate stay.
Procedural posture
Debtor moved to stay an ejectment proceeding and to set aside a sheriff's sale. By the motion, the debtor contended that the vacatur of a dismissal order operated as a retroactive reinstatement of an automatic stay pursuant to 11 U.S.C.S. § 362, thereby rendering the sheriff's sale void.
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Court
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Evans v. Deutsche Bank Natl Trust Co. (In re Evans)
Nov
20
2008
Ruling
Invalidly executed mortgage could be avoided by trustee.
Procedural posture
Plaintiffs filed an adversary proceeding for an order declaring that defendant bank's mortgage was not enforceable on its face and avoiding the mortgage under the trustee's strong-arm powers in 11 U.S.C.S. § 544(a).
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Court
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Elliott v. Kiesewetter (In re Kiesewetter)
Jul
24
2008
Ruling
Judgment against debtor for misappropriation of in-laws' family assets was nondischargeable.
Procedural posture
Plaintiff family members brought a complaint to determine a certain debt to be nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A), (4), and (6) against defendant, the debtor, their sister in law, against whom they had obtained a jury verdict that the debtor and her husband had fraudulently misappropriated cash and property that were assets of the family members' late parents estates. The family members moved for summary judgment.
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Court
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