- 11 U.S.C.
In re Hawkins
Feb
22
2013
Ruling
Confirmation of plan dependent on sale of real estate denied on feasibility grounds.
Procedural posture
When movant, a chapter 11 debtor, sought confirmation of a proposed plan of reorganization, a lender with a $5.103 million claim secured by mortgages and by interests in timber and rents from real estate owned by debtor objected to confirmation on the basis that, contrary to 11 U.S.C.S. § 1129, the plan lacked feasibility, was not proposed in good faith, and did not provide adequate means of implementation.
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Court
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Taylor v. Davis (In re Davis)
Feb
01
2013
Ruling
Debtor's motion to compel arbitration of creditors' nondischargeability proceedings denied.
Procedural posture
Creditors filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a). The debtor filed several motions relating to discovery and asked the court to issue an order which required the creditors to submit their claims to arbitration. The debtor and the creditors also filed cross- motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Woodward
Jan
14
2013
Ruling
Objection to confirmation based on improper valuation and lack of adequate protection sustained.
Procedural posture
A creditor objected to confirmation of a proposed chapter 13 plan on grounds that the plan did not adequately protect its interest in the collateral, a mobile home, and that the collateral was not properly valued.
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Court
:
In re Biddle
Dec
07
2012
Ruling
Application for employment of attorneys for debtor in possession denied due to failure to disclose insider status.
Procedural posture
Chapter 11 debtors filed an application for employment of an attorney to represent them as debtors-in-possession. The U.S. Trustee objected.
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Court
:
- 11 U.S.C.
In re Martellini
Nov
14
2012
Ruling
Reaffirmation denied for lack of good faith where debtor's family would pay for retained luxury items while debtor paid less than 30 percent of unsecured debt.
Procedural posture
This matter came before the court for confirmation of debtor's chapter 13 plan. The chapter 13 Trustee objected to confirmation. The court held a hearing regarding confirmation of the proposed plan.
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Court
:
- 11 U.S.C.
In re Bolin
Sep
13
2012
Ruling
Actual and punitive damages awarded for creditor's willful and knowing violation of stay through harassment and threats.
Procedural posture
Debtor moved for an order finding that defendant, a creditor of debtor, had willfully violated the automatic stay in 11 U.S.C.S. § 362 and was liable to debtor for damages by reason thereof.
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Court
:
- 11 U.S.C.
In re Low Country Land LLC
Sep
07
2012
Ruling
Confirmation denied due to proposal to sell property for less than full value.
Procedural posture
A creditor objected to a debtor's chapter 11 plan.
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Court
:
In re Hawkins
Aug
28
2012
Ruling
Late filed proof of claim allowed where debtor amended schedules prior to proof of claim deadline to no longer list claim as disputed, so that claim was deemed filed.
Procedural posture
Before the court was a Motion to Allow Late Filed Claim and to Allow Claim for Voting Purposes filed by a bank. An Objection to Bank's Motion was filed by debtor. A hearing was held and the court took the matter under advisement.
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Court
:
- 11 U.S.C.
McDow v. Ward (In re Ward)
Aug
02
2012
Ruling
Discharge denied due to transfers intended to hinder and delay and reckless indifference.
Procedural posture
Adversary plaintiff, the United States Trustee, brought a complaint against defendant debtor pursuant to 11 U.S.C.S. § 727(a), seeking to deny the debtor a discharge.
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Court
:
In re Symeonidis
Jul
24
2012
Ruling
Case dismissed for bad faith as debtor filed solely to benefit from stay and did not intend to implement a plan.
Procedural posture
A bankruptcy trustee asserted that a bankruptcy debtor filed his bankruptcy petition solely to benefit from the automatic bankruptcy stay with no intention of implementing a plan. The trustee moved to dismiss the debtor's case based on the bad faith of the debtor.
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Court
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