In re Stone Creek Vill. Prop. Owners Assn
Jul
27
2011
Ruling
Injunction against debtor homeowners association for encroachment did not violate stay but enforcement against debtor's income was subject to stay.
Procedural posture
Chapter 11 debtor, a property owners association, filed a motion to determine the extent of the automatic stay, as set out in 11 U.S.C.S. § 362(a), particularly with respect to a judgment against it held by two creditors, property owners who alleged encroachment by the debtor.
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Court
:
- 28 U.S.C.
Legal Xtranet Inc. v. AT&T Mgmt. Servs. LP (In re Legal Xtranet Inc.)
May
24
2011
Ruling
Debtor's contract and state law tax action was subject to mandatory abstention.
Procedural posture
Plaintiff debtor removed its case against defendant data service that sought a declaratory judgment that the debtor was not required to turn over documents in its proprietary and trade secret software format, that fee amendments to the their contract was effective, and that the service was responsible for any state sales taxes. The service filed a motion to remand to state court, arguing mandatory abstention applied under 28 U.S.C.S. § 1334.
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Court
:
- 11 U.S.C.
Osherow v. Nelson Hensley & Consol. Fund Mgmt. LLC (In re Pace)
May
16
2011
Ruling
Transfer that was fraudulent under state law could be avoided.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendants, a limited liability company (LLC) and its owner, to avoid a transfer of a property (the condo) from a debtor's wholly-owned company to the LLC and to recover the condo or its value. The trustee alleged that the transfer was actually fraudulent under the Texas Uniform Fraudulent Transfer Act (TUFTA) or constructively fraudulent transfer under the TUFTA and 11 U.S.C.S. § 548(a)(2).
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Court
:
- 11 U.S.C.
Osherow v. Wells Fargo Home Mortg. Inc. (In re Rhinesmith)
Mar
22
2011
Ruling
Trustee lacked standing to file action under Truth in Lending Act that arose postpetition and was not property of the estate.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendant mortgage company, alleging that the mortgage company violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C.S. § 1692 et seq., and the Texas Debt Collection Act ("TDCA"), Tex. Fin. Code Ann. § 392.001 et seq. The mortgage company filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Vulcan Constr. Materials LP v. Kibel (In re Kibel)
Mar
15
2011
Ruling
Fiduciary defalcation led to nondischargeable debt but did not provide grounds for denial of discharge.
Procedural posture
Supplier filed an adversary proceeding against chapter 7 debtor, seeking a determination, inter alia, that the debtor owed the supplier a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4), and an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(3). The supplier filed a motion for summary judgment on its claims.
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Court
:
- 11 U.S.C.
In re Schott
Mar
15
2011
Ruling
Objection to homestead exemptions sustained as to one noncontiguous parcel but overruled as to the second,
Procedural posture
Creditors objected to the debtor's claim of homestead exemption, sought pursuant to 11 U.S.C.S. § 522(b)(3)(A).
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Court
:
- 11 U.S.C.
In re Schott
Mar
04
2011
Ruling
Creditor who missed deadline for filing dischargeability proceeding based on lack of actual notice.
Procedural posture
Movant, a putative creditor filed a motion to file a complaint to determine the dischargeability of the debt under 11 U.S.C.S. § 523(a)(2) out of time. The creditor's claim had not been listed or acknowledged in the schedules by the chapter 11 debtor, nor was the creditor listed in the creditor matrix.
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Court
:
- 11 U.S.C.
In re Age Ref. Inc.
Feb
22
2011
Ruling
Trustee's retention of two law firms to pursue avoidance proceedings with split contingency fee approved over creditor's objection.
Procedural posture
A bankruptcy trustee proposed an agreement whereby the trustee would retain two law firms, the trustee's general counsel and counsel for a creditors' committee, to pursue specified claims of preferential or fraudulent transfers and to receive compensation on a reduced hourly fee basis and a contingent fee split between the firms. A creditor and former officer of the bankruptcy debtor who was subject to such litigation objected to the agreement.
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Court
:
- 11 U.S.C.
In re Fernandez
Jan
26
2011
Ruling
Debtor could not use state homestead exemption to claim exemption in property located in a different state.
Procedural posture
Chapter 7 trustee objected to the debtor's claim of the Nevada homestead exemption on the grounds that the debtor could not use the Nevada homestead laws to claim a state law exemption in a home that was located in a state other than Nevada.
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Court
:
- 11 U.S.C.
Eastman v. Baker Recovery Servs. (In re Eastman)
Dec
28
2010
Ruling
Fees awarded for creditor's violation of stay, despite withdrawal of the offending judgment.
Procedural posture
Debtor obtained a judgment that defendant creditor violated the statutory injunction of 11 U.S.C.S. § 524 which prohibited collection actions against the debtor after the debtor received a bankruptcy discharge. The debtor requested an award of attorney fees as damages arising from the violation.
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Court
: