In re Blessing
Jul
18
2016
Ruling
Bankruptcy court had subject matter jurisdiction to interpret prior final order for sale of estate’s interest in company.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction to interpret a final order for sale of debtor’s interest in a company?
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Court
:
- 11 U.S.C.
Sher v. JPMorgan Chase Funding Inc. (In re TMST Inc.)
Nov
14
2014
Ruling
Dismissal of proceeding against creditor for breach of repurchase agreement vacated.
Issue(s)
Should the dismissal of a proceeding against creditor for breach of repurchase agreements and turnover of damages be vacated on reconsideration?
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Court
:
- 11 U.S.C.
Sher v. TMST Hedging Strategies Inc. (In re TMST Inc.)
Sep
24
2014
Ruling
Constructive fraud claim dismissed.
Issue(s)
Should a override agreements, transfers made pursuant to those two agreements, a forbearance agreement, and releases be avoided as constructively fraudulent?
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Court
:
Logan v. McLean (In re McLean)
Oct
07
2013
Ruling
Transfers within two years of petition date by debtor's companies to debtor's spouse of payment for work done by debtor were avoidable.
Issue(s)
Were transfers intended to defraud creditor with non-compete claim against debtor avoidable.
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Court
:
In re Kotche
Sep
22
2011
Ruling
Bad faith precluded voluntary dismissal of chapter 13 case.
Procedural posture
A bankruptcy debtor initially failed to disclose valuable jewelry as property of the debtor and subsequently failed to account for the jewelry. The debtor moved to dismiss her bankruptcy case, and the bankruptcy trustee moved to convert the debtor's Chapter 13 case to Chapter 7.
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Court
:
- 11 U.S.C.
In re Simms
Jun
30
2011
Ruling
Confirmation denied where debtor did not take marital adjustment and did not include all of non-debtor spouse's income in disposable income calculation.
Procedural posture
Before the court was debtor's Amended Chapter 13 plan and the objection to confirmation thereto by the Chapter 13 Trustee. The court held a confirmation hearing on November 9, 2010, at which the parties presented arguments and the court took the matter under advisement.
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Court
:
Parker v. Rosenthal (In re Parker)
Mar
18
2011
Ruling
Eviction of debtor from student housing did not violate stay where creditor relied on erroneous judgment of state court.
Procedural posture
Chapter 7 debtor filed a complaint against defendants, a seminary and its attorneys, asserting that they violated the automatic stay that arose pursuant to 11 U.S.C.S. § 362(a). The debtor sought damages and punitive damages. The defendants filed a motion to dismiss, which the court treated a motion for summary judgment because the facts stated in the motion to dismiss and attached exhibits included facts not stated in the complaint.
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Court
:
- 11 U.S.C.
In re Landmark Atl. Hess Farm LLC
Mar
03
2011
Ruling
Chapter 11 case dismissed for cause as an attack on subordination order in chapter 11 case of partnership for which debtor managed loan payments.
Procedural posture
Movants, the United States Trustee (UST) and a chapter 7 trustee in certain related proceedings, moved pursuant to 11 U.S.C.S. § 1112 to dismiss the chapter 11 filed by debtor. The UST also sought the alternative relief of conversion.
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Court
:
McDermott v. DB McCully Bail Bonds Inc. (In re McDermott)
Nov
22
2010
Ruling
Preference period and postpetition garnishments were avoidable.
Procedural posture
A Chapter 7 debtor sought to avoid both pre- and post-petition garnishments of his wages pursuant to 11 U.S.C.S. § 547(b) and 11 U.S.C.S. § 549 by defendant judgment creditor.
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Court
:
- 11 U.S.C.
Logan v. Citi Mortg. Inc. (In re Schubert)
Oct
12
2010
Ruling
Equitable subrogation applied to prevent avoidance of refinanced first mortgage in favor of successor to original lender.
Procedural posture
After plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, Lenders 1 and 2, to avoid Lender 1's interest as a preference under 11 U.S.C.S. § 547 and to determine the value of Lender 2's secured interest, which arose from its grant of an equity line of credit (LOC) to debtors, the court determined that Lender 1's interest was an avoidable preference but left open the issue of whether equitable subrogation applied.
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Court
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