- 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
:
- 11 U.S.C.
In re FF Holdings Corp.
May
09
2006
Ruling
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
Procedural posture
Investment fund brought before the court an application for allowance of expenses from debtors pursuant to 11 U.S.C. § 503(b)(3) and (4). Debtors did not oppose the fund's application; however, the trustee filed an objection.
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Court
:
- 11 U.S.C.
Dobin v. Hill (In re Hill)
May
09
2006
Ruling
Transfers to spouse in divorce settlement were deemed avoidable fraudulent transfers since the transfers disproportionately favored the spouse and were intended to deprive creditors of assets.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant, the former spouse of a bankruptcy debtor, seeking to avoid transfers from the debtor to the spouse in a divorce settlement as fraudulent transfers under 11 U.S.C. § 548(a)(1)(A). The trustee asserted that the settlement was disproportionately favorable to the spouse and was intended to deprive creditors of the debtor's assets.
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Court
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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 Bernard Techs. Inc.
Apr
13
2006
Ruling
Debtor's CEO did not meet burden of establishing entitlement to administrative expense claim.
Procedural posture
The debtor's chief executive officer ("CEO") filed a request for allowance of an administrative expense pursuant to 11 U.S.C. § 503(b). Both the U.S. trustee and the chapter 7 trustee opposed the request.
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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
:
- 11 U.S.C.
In re Meyers
Apr
06
2006
Ruling
Debtor was granted motion for sanctions against creditor for violating discharge injunction by continuing to call debtor multiple times to attempt to collect.
Procedural posture
Movant Chapter 7 debtor sought monetary sanctions against respondent creditor for its alleged willful violation of a discharge injunction. The bankruptcy court held a hearing on the motion.
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Court
:
In re Exide Techs.
Apr
03
2006
Ruling
Motion to reject certain agreements for the sale of a division of debtor to purchaser was granted since the agreements were deemed executory.
Procedural posture
Debtors and debtors in possession sought approval from the court to reject certain agreements entered into with a purchaser for the sale of substantially all of debtor's industrial battery division.
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Court
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