- 11 U.S.C.
In re White
Jun
11
2010
Ruling
Creditor sanctioned for reporting debtor's dishonored check to police in knowing violation of stay.
Procedural posture
Debtors, a married couple, sought sanctions against defendant auto dealer on claims arising from its conduct in reporting, to a police officer, the husband's pre-petition delivery of a worthless check to defendant in connection with a car purchase. At issue was whether that conduct constituted a violation of the automatic stay in 11 U.S.C.S. § 362.
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Court
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In re Dean Hardwoods Inc.
Jun
08
2010
Ruling
Motion to modify plan denied as to creditor for whom it was not fair and equitable.
Procedural posture
This case was before the court on debtor's motion to modify its chapter 11 plan. Two creditors opposed the motion.
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Court
:
In re Castle Horizon Real Estate LLC
May
24
2010
Ruling
Relief from stay to foreclose denied where property was appreciating in value.
Procedural posture
A creditor, the holder of a promissory note executed by a chapter 11 debtor, rejected the proposed plan of reorganization and sought relief from automatic stay pursuant to 11 U.S.C.S. § 362(d) to proceed with foreclosure.
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Court
:
- 11 U.S.C.
In re Future Graphics Inc.
May
17
2010
Ruling
Debtor could not reject executory contract absent benefit to estate or unsecured creditors.
Procedural posture
Before the court was debtor's Motion to Reject Executory Contract or Lease and the response in opposition to that motion by the other contracting party. Specifically, debtor sought approval to reject ten stipulated contracts. The court conducted an evidentiary hearing on the motion.
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Court
:
- 11 U.S.C.
In re Daniels
Mar
12
2010
Ruling
Attorney ordered to disgorge fees never or improperly disclosed, often for useless or unperformed services.
Procedural posture
The bankruptcy administrator filed a motion requesting that the attorney for debtors in five unrelated cases appear in court and show cause why he should not be required to disgorge all pre-petition and postpetition fees not previously applied for or disclosed to the court, and should not be sanctioned for failure to disclose the fees.
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Court
:
In re Calderon
Mar
12
2010
Ruling
Debtor could not avoid IRS or state tax liens.
Procedural posture
Debtors filed a petition for relief under chapter 7 of the Bankruptcy Code. The Internal Revenue Service (IRS) and the Michigan Department of Revenue (Michigan DOR) filed tax liens. The debtors moved to avoid the liens of the IRS and the Michigan DOR. The IRS and the Michigan DOR did not oppose the motions. The debtors' attorney requested presumptive fees.
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Court
:
- 11 U.S.C.
In re Center 130 LLC
Mar
11
2010
Ruling
Relief from stay denied to high bidder at prepetition foreclosure sale as property was necessary for effective reorganization.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code and continued to operate as debtor-in-possession. Movant creditor moved for relief from the automatic stay under 11 U.S.C.S. § 362.
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Court
:
In re Moore
Mar
03
2010
Ruling
Lessor in assumed lease entitled to administrative expense claim for postpetition unpaid rent.
Procedural posture
Prior to filing a bankruptcy petition, a bankruptcy debtor purchased a business from a creditor and executed a lease of business premises from the creditor, and the debtor assumed the lease under the debtor's confirmed plan. The creditor moved for payment of administrative expenses which consisted of both pre-petition and postpetition unpaid rent.
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Court
:
- 11 U.S.C.
Seifart v. Rice (In re Rice)
Mar
01
2010
Ruling
Creditor, who received notice of case through attorney of record could not reopen case to contest dischargeability of claim.
Procedural posture
Plaintiff judgment creditor moved to reopen defendant debtor's chapter 7 case, seeking to raise an objection to discharge under 11 U.S.C.S. § 523(a)(3)(B). The debtor moved for summary judgment.
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Court
:
- FRBP
In re Dowdy
Feb
26
2010
Ruling
Creditor's motion to withdraw acceptance of plan denied absent cause.
Procedural posture
In a debtor's chapter 11 case, movant judgment creditors filed a motion under Fed. R. Bankr. P. 3018 to withdraw their acceptance of the debtor's reorganization plan. The creditors' attorney moved to withdraw as counsel of record.
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Court
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