- 11 U.S.C.
In re Eastport Golf Club Inc.
Mar
28
2007
Ruling
Creditor's assignee could not vote on plan confirmation where creditor had not filed a proof of claim.
Procedural posture
Debtor operated a golf course. Debtor filed a petition under chapter 11. Debtor filed its proposed plan of reorganization. The bankruptcy court entered an order setting a deadline to file ballots accepting or rejecting the plan. Creditor did not file a proof of claim prior to the initial confirmation hearing. The matter was before the bankruptcy court for a confirmation hearing. Debtor orally moved to allow the ballot of an assignee of creditor.
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Court
:
- 11 U.S.C.
In re Rayborn
Jan
23
2007
Ruling
Debtor who routinely received tax refunds was not required to adjust withholding for plan to meet disposable income requirement.
Procedural posture
Chapter 13 trustee objected to debtor's proposed plan pursuant to 11 U.S.C. § 1325(b)(1).
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Court
:
- FRBP
In re Ulmer
Jan
23
2007
Ruling
Firm sacntioned for failure to oversee activities of attorneys who filed questionable documents and routinely failed to appear in court.
Procedural posture
The matter came before the court on a Rule to Show Cause requiring two attorneys and their law firm to appear and show cause why the court should not enter sanctions against them for their practices before the court.
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Court
:
In re Livingston
Jan
03
2007
Ruling
Voluntary dismissal granted as failure to file feasible plan was not cause for conversion.
Procedural posture
A debtor filed a motion, pursuant to 11 U.S.C. § 1307(b), to voluntarily dismiss his chapter 13 bankruptcy case. A creditor filed a motion to convert the case to chapter 7. A bank filed a motion to dismiss the case.
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Court
:
In re Harris
Dec
28
2006
Ruling
Case dismissed with prejudice as attempt to avoid outstanding child support obligations.
Procedural posture
A creditor, the South Carolina Department of Social Services ("DSS"), filed a motion to dismiss with prejudice a debtor's chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307(c).
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Court
:
- 11 U.S.C.
In re Etheridge
Dec
27
2006
Ruling
Plan confirmed despite reliance on contributions from family members given evidence of reliability.
Procedural posture
A chapter 13 trustee objected to the confirmation of a debtor's proposed chapter 13 plan, pursuant to 11 U.S.C. § 1325(b)(1), on the ground that the plan lacked feasibility.
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Court
:
- 11 U.S.C.
In re Monroe
Nov
13
2006
Ruling
Late filing of required payment advices without extension resulted in dismissal.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's chapter 13 case, pursuant to 11 U.S.C. § 521(i)(1) on the ground that the debtor failed to file all payment advices required by section 521(a)(1)(B)(iv) within 45 days of the petition date.
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Court
:
- 11 U.S.C.
In re Henderson
Sep
05
2006
Ruling
Attorneys'fees ordered disgorged due to inaction that resulted in dismissal of case.
Procedural posture
An attorney filed bankruptcy petitions on behalf of debtors, but the debtors'cases were dismissed after required documents were not filed. The debtors moved for disgorgement of fees paid to the attorney, and the bankruptcy court issued a rule to show cause why sanctions should not be imposed upon the attorney.
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Court
:
- 11 U.S.C.
In re Tubular Techs. LLC
Jul
18
2006
Ruling
Debtor's motion for stay pending appeal was denied since debtor had failed to move for extention of time to accept or reject contract within period allowed.
Procedural posture
A bankruptcy debtor was deemed to have rejected its commercial lease after it failed to obtain an order for an extension of time to accept or reject the lease within the time limit set by 11 U.S.C. § 365(d)(4)(B)(i). The debtor appealed the rejection order and moved the bankruptcy court for a stay of the order pending the appeal.
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Court
:
- 11 U.S.C.
In re Mack
Jul
07
2006
Ruling
Debtor was granted extension of stay subject to providing satisfactory proof of ability to sustain enough income to fully fund proposed plan.
Procedural posture
A debtor filed a motion to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). The chapter 13 trustee responded.
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Court
: