In re Burgess
Oct
30
2013
Ruling
Case ordered converted due to inability to sustain confirmable plan and unavailability of "unusual circumstances" defense.
Issue(s)
Was conversion warranted where debtor had been unable to obtain plan confirmation, given diminution of assets, or did "unusual circumstances" defense apply .
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Court
:
- 11 U.S.C.
Benneth v. Butler (In re Butler)
Oct
22
2013
Ruling
Denial of discharge denied absent evidence of fraud or knowledge of undisclosed interest in property.
Issue(s)
Whether debtor's discharge should be denied under 11 U.S.C.S. § 727(a)(4)(A) based upon his failure to include an interest in property on his schedules.
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Court
:
- 11 U.S.C.
In re Cole
Sep
30
2013
Ruling
Fee application of debtor's counsel denied to the extent deemed excessive although some additional compensation was merited.
Issue(s)
Was debtor's counsel entitled to fees in excess of amount provided for in retainer agreement .
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Court
:
- 11 U.S.C.
In re Augusta Apts. LLC
Jul
03
2013
Ruling
Nunc pro tunc approval of employment of law firm denied.
Procedural posture
Counsel sought retroactive approval under 11 U.S.C.S. § 327 of his employment by the debtor and approval under 11 U.S.C.S. § 329 of $24,000 in fees for legal services rendered on behalf of the debtor. The United States Trustee (UST) objected to the fee application as untimely.
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Court
:
- 11 U.S.C.
In re Scotchel
Apr
26
2013
Ruling
Debtor's attorney's postpetition contingency fee award was property of the estate.
Procedural posture
In this chapter 7 case, the trustee sought a determination that the debtor's $690,000 contingent fee award was property of his bankruptcy estate under 11 U.S.C.S. § 541.
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Court
:
In re Mountaineer Bulk Servs.
Feb
19
2013
Ruling
Trustee's proceeding to avoid allegedly improperly perfected auto liens barred as untimely.
Procedural posture
Plaintiff Trustee's complaint contained two counts. In Count II, the Trustee alleged that defendant creditor did not properly perfect its liens on debtor's motor vehicles, and therefore another defendant, the predecessor trustee, improperly distributed proceeds from the sale of debtor's motor vehicles. The Trustee requested recovery of these proceeds from the creditor. The Trustee and creditor filed summary judgment motions as to Count II.
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Court
:
- 11 U.S.C.
In re Wilson
Jun
26
2012
Ruling
Reaffirmation agreement could not be approved due to potential undue hardship to debtor.
Procedural posture
A bankruptcy debtor sought to reaffirm a debt to a creditor secured by the debtor's vehicle to allow the debtor to retain the vehicle. The debtor moved for approval of a reaffirmation agreement pursuant to 11 U.S.C.S. § 524.
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Court
:
- 11 U.S.C.
In re Square at Falling Run LLC
Apr
30
2012
Ruling
Relief granted in involuntary chapter 7 case where debtor was insolvent and incapable of achieving business objectives.
Procedural posture
Petitioning creditor sought entry of an involuntary order for relief under 11 U.S.C. § 303 against the debtor pursuant to chapter 7 of the Bankruptcy Code.
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Court
:
- 11 U.S.C.
In re Wolfe
Mar
05
2012
Ruling
Individuals permanently enjoined from acting as bankruptcy petition preparers due to fee irregularities and violation of earlier court order to refund fees.
Procedural posture
The Office of the United States Trustee (USTE) sought to enjoin two individuals under 11 U.S.C.S. § 110(j)(3) and /or the court's general contempt powers from acting as bankruptcy petition preparers (BBPs), to impose fines against the preparers, to direct them to refund all fees collected after a certain date, and to assess any actual damages that may have been suffered by any debtor, plus an additional $2,000 for fraudulent and deceptive conduct.
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Court
:
- 28 U.S.C.
First United Bank & Trust v. Warner (In re Grand Cent. Bldg. LLC)
Jun
07
2011
Ruling
Proceeding by creditor against commercial guarantors of loan to chapter 11 debtor was related to bankruptcy.
Procedural posture
Creditor filed an adversary proceeding against defendant guarantors on their commercial guarantees of a loan to a chapter 11 debtor. The guarantors filed a motion to dismiss for lack of subject matter jurisdiction.
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Court
: