- 11 U.S.C.
OChesky v. Templeton (In re American Hous. Found.)
Mar
30
2013
Ruling
Transfers to debtor by lawyer were not loans but preferential, avoidable equity investments.
Procedural posture
Trustee filed an adversary complaint against lawyer to avoid $4.746 million in claims asserted by defendant on account of transfer to or for the benefit of debtor that defendant claimed to have been loans that had been guaranteed by debtor. Plaintiff therein asserted, inter alia, that all such guaranties were fraudulent and that any allowed claims were properly subordinated per 11 U.S.C.S. § 510.
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Court
:
- 11 U.S.C.
In re Texas Star Refreshments LLC
Mar
22
2013
Ruling
LLC's plan confirmed but plans of husband and wife could not be confirmed due to failure to satisfy the absolute priority rule.
Procedural posture
Debtors, an LLC and a husband and wife who created the LLC, filed separate petitions under chapter 11 and proposed plans for paying their creditors. A competing business that sued the LLC and the husband and wife in a Texas court and obtained a judgment against them filed objections to confirmation of the LLC's plan and the husband and wife's plan. The court held a hearing on the objections.
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Court
:
- 11 U.S.C.
Skeen v. Ginn (In re Ginn)
Mar
06
2013
Ruling
Judgment for defamation and forgery was nondischargeable.
Procedural posture
In this adversary proceeding, plaintiff sought damages against debtor for defamation and forgery and a determination that such claims were non-dischargeable under 11 U.S.C.S. § 523(a)(6).
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Court
:
- 28 U.S.C.
OCheskey v. Koehler (In re American Hous. Found.)
Mar
01
2013
Ruling
Request for jury trial in avoidance proceeding denied.
Procedural posture
Liquidating trustee (the "Trustee") alleged that trusts were initial transferees of fraudulent transfers received as a result of the sale of partnership interests and that a group of defendants were immediate or mediate transferees of $3.5 million of those funds. He sought the avoidance and recovery of fraudulent and preferential transfers pursuant to 11 U.S.C.S. §§ 547, 548, 550. Said group of defendants made demand for a jury trial.
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Court
:
OCheskey v. Houston for Texans Charitable Trust (In re American Hous. Found.)
Nov
07
2012
Ruling
Transfers by debtor Ponzi scheme operator to individual and trust prior to petition date while debtor was insolvent were preferential.
Procedural posture
Trustee filed an adversary proceeding against defendants, a charitable trust, co-trustees of a trust, and a partnership, seeking a determination that transfers a nonprofit entity ("debtor") made before it declared chapter 11 bankruptcy were preferential transfers that could be recovered under 11 U.S.C.S. § 547. The court issued supplemental findings of fact and conclusions of law to an opinion it entered on September 30, 2012.
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Court
:
- 11 U.S.C.
In re Desperado Dairy LLC
Nov
06
2012
Ruling
Case dismissed as member and manager of debtor LLC lacked authority to file petition.
Procedural posture
Two members of a chapter 11 debtor, a limited liability company (LLC) sought dismissal of the case. The motion was opposed by the filing member and creditors.
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Court
:
- 11 U.S.C.
In re Bradley
Oct
19
2012
Ruling
Company and owner held in contempt for failing to comply with wage withholding order.
Procedural posture
The court issued an order to show cause, directing a corporate representative of a management company to appear before the court and show cause why they were not in contempt for failing to comply with the court's wage order directing the company to withhold a certain amount per month from a debtor's wages and to forward those amounts to the chapter 13 trustee.
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Court
:
- 11 U.S.C.
In re Duke Invs. Ltd.
Oct
09
2012
Ruling
Debtor's counsels' fees could be paid in part from cash collateral.
Procedural posture
A law firm filed its Third Interim Application for Compensation as debtor's counsel seeking the interim award of compensation in the amount of $81,566 and authorization to apply cash deposits in its possession totaling $66,309 toward any award. A creditor filed a limited objection to the application to the extent that its cash collateral was used to pay any awarded compensation.
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Court
:
- FRBP
In re Garza
Oct
01
2012
Ruling
Mortgage creditor waived right to collect deficiency based on escrow shortage due to failure to comply with notice requirement.
Procedural posture
A creditor filed two notices of payment change under Fed. R. Bankr. P. 3002.1 to increase the chapter 13 debtors' mortgage payment due to an escrow shortage that occurred over the plan period from 2008 to 2012 and to increase the escrow payment to provide for a two-month reserve. The chapter 13 debtor filed objections to the notices and requested the award of attorney's fees and other affirmative relief.
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Court
:
- 11 U.S.C.
OChesky v. Houston for Texans Charitable Trust (In re American Hous. Found.)
Sep
30
2012
Ruling
Claim of trust that benefitted from debtor's Ponzi scheme had to be subordinated.
Procedural posture
Chapter 11 liquidating trustee filed an adversary complaint against defendants, a trust and the beneficiary of the trust, seeking to subordinate an unsecured claim of the trust and to avoid and recover fraudulent transfers pursuant to 11 U.S.C.S. § 548.
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Court
: