Mirant Corp. v. S. Co.
Jan
10
2006
Ruling
Motion for withdrawal of a reference was granted since the action was more in the nature of a non-core proceeding than a core proceeding.
Procedural posture
The bankruptcy court recommended that the reference not be withdrawn as to an adversary proceeding filed by the jointly administered chapter 11 debtors and a creditors committee against defendant, one debtor's prior parent corporation, that asserted core and non-core claims under 28 U.S.C. § 157. The parent, who had requested a jury trial, had also requested transfer to Georgia after withdrawal.
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Court
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In re Art Midwest Inc.
Jan
05
2006
Ruling
Court rejected the debtor's objection that the claimants who were granted a motion to dismiss the debtor's case as a bad faith filing lacked standing since one was a creditor and the others were parties in interest.
Procedural posture
Claimants moved to dismiss the debtor's bankruptcy case as a bad faith filing. The court granted the motion to dismiss. The debtor moved for a new trial or for the court to amend and supplement its findings. The debtor also moved for a new trial on the debtor's objections to the claims and to sell its assets free and clear of liens and encumbrances.
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Court
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Buckeye Retirement Co. LLC Ltd. v. Bullough (In re Bullough)
Jan
04
2006
Ruling
Discharge denied due to sophisticated debtor's false oaths and failure to keep adequate records.
Procedural posture
Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that a discharge was not warranted under 11 U.S.C. § 727(a)(3), (4) and (5) based on the debtor's false oaths in his schedules and statements, the debtor's failure to maintain adequate records, and the debtor's failure to account for a significant asset. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Gonzalez
Jan
03
2006
Ruling
Debtor's proposed chapter 13 plan was not confirmable since the plan did not provide for the debtor assuming an executory contract.
Procedural posture
In a voluntary bankruptcy case, debtor presented her chapter 13 plan to the court for confirmation. Two creditors objected to the plan and moved to compel debtors to make payments and assume or reject an executory contract.
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Court
:
In re Blair
Nov
21
2005
Ruling
Debtors'payments made during the 1,215 days prior to filing that increased their homestead's equity value did not create an interest in real property and thus were not subject to the statutory cap on electing a state homestead exemption.
Procedural posture
Debtors filed a voluntary chapter 7 petition and elected the Texas exemptions, including the generous homestead exemption. Movant unsecured creditor objected to the claim of exemption, arguing that the debtors were subject to the $125,000 cap on their homestead exemption provided in 11 U.S.C. § 522(p).
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Court
:
- 11 U.S.C.
Kirchner v. Sticht (In re Sticht)
Oct
20
2005
Ruling
Debtor builders were denied discharge since the numerous errors and omissions in their schedules amounted to a reckless disregard for the truth.
Procedural posture
Plaintiffs, several buyers or intended buyers of homes built by debtors, brought consolidated adversary proceeding seeking denial of a discharge of debtors'obligations to them pursuant to 11 U.S.C. § 727 and a determination that debtors'debts to them were not dischargeable under 11 U.S.C. § 523.
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Court
:
- 11 U.S.C.
In re Hettler
Oct
14
2005
Ruling
State jury findings of actual malice sufficiently established willful and malicious injury under the Code and thus judgment was nondischargeable.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, alleging that the creditor's state court judgment against the debtors established willful and malicious injury to the creditor and thus the judgment debt was not dischargeable under 11 U.S.C. § 523(a)(6) based on collateral estoppel. The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
Cadle Co. v. Preston-Guenther (In re Guenther)
Aug
29
2005
Ruling
Debtors were denied discharge where they did not dispute that they had made false oaths that were material.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant Chapter 7 debtors, seeking the denial of a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4).
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Court
:
In re MAEDC Mesa Ridge
Jul
21
2005
Ruling
Involuntary petition was dismissed since a nonprofit debtor's participation in commercial activity did not make it a moneyed, business, or commercial corporation.
Procedural posture
Debtor, a community housing development organization ("CHDO"), brought a motion for summary judgment in regards to an involuntary bankruptcy petition under 11 U.S.C. § 303(a) brought by the petitioning creditors against debtor.
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Court
:
- 11 U.S.C.
JP Morgan Chase Bank v. Hobbs (In re Hobbs)
Jul
19
2005
Ruling
Debtor's discharge was denied based on a failure to maintain and preserve adequate records.
Procedural posture
Plaintiff creditor filed a complaint to deny defendant chapter 7 debtor a discharge based on the debtor's loss of business records, 11 U.S.C. § 727(a)(2)(A), the debtor's failure to maintain and preserve adequate records, 11 U.S.C. § 727(a)(3).
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Court
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