In re Starmark Clinics LP
Apr
04
2008
Ruling
BAPCPA provisions allowed court to dismiss sua sponte case filed to give debtor's president advantage in two-party suit.
Procedural posture
On April 1, 2008, the court held a hearing on its Order to Show Cause why a patient care ombudsman should not be appointed in this chapter 11 case. Following that hearing, the court entered a second Order to Show Cause why the case should not be dismissed, in light of the appearance that debtor's president may have filed the case in order to gain unfair advantage in a two- party dispute.
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Court
:
In re Starmark Clinics LP
Apr
04
2008
Ruling
Chapter 11 case dismissed sua sponte pursuant to BAPCPA amendment.
Procedural posture
On April 1, 2008, the court held a hearing on its Order to Show Cause why a patient care ombudsman should not be appointed in this chapter 11 case. Following that hearing, the court entered a second Order to Show Cause why the case should not be dismissed, in light of the appearance that debtor's president may have filed the case in order to gain unfair advantage in a two- party dispute.
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Court
:
- 11 U.S.C.
In re Erevia
Apr
03
2008
Ruling
Extension of stay in debtor's second case denied due to errors repeated from prior case, lack of change in finances and purpose of defeating foreclosure.
Procedural posture
A bankruptcy debtor filed a second bankruptcy petition within a year after a first petition was dismissed based upon the debtor's failure to cure defaults and inaccuracies in the debtor's plan, financial statement, and schedules, as ordered by the bankruptcy court. The debtor moved to continue the automatic bankruptcy stay in the second case, which otherwise would expire, based on the debtor's good faith in filing the second petition.
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Court
:
- 11 U.S.C.
In re Erevia
Apr
03
2008
Ruling
Extension of stay not warranted where debtor's schedules repeated inaccuracies from those filed in prior case and application of presumption of lack of good faith.
Procedural posture
A bankruptcy debtor filed a second bankruptcy petition within a year after a first petition was dismissed based upon the debtor's failure to cure defaults and inaccuracies in the debtor's plan, financial statement, and schedules, as ordered by the bankruptcy court. The debtor moved to continue the automatic bankruptcy stay in the second case, which otherwise would expire, based on the debtor's good faith in filing the second petition.
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Court
:
- 11 U.S.C.
In re Eneco Inc.
Mar
21
2008
Ruling
Chapter 11 trustee appointed due to debtor's failure to respond to request for production and due to alleged preference transaction.
Procedural posture
In a chapter 11 debtor's bankruptcy case, movant requested that the court abstain under 11 U.S.C.S. § 305, convert or dismiss the case under 11 U.S.C.S. § 1112, appoint a trustee under 11 U.S.C.S. § 1104, grant relief from the automatic stay under 11 U.S.C.S. § 362(d).
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Court
:
- 11 U.S.C.
In re Viking Offshore Inc.
Mar
20
2008
Ruling
Debtors were required to propose initial adequate assurance payments and could not shift responsibility to creditors.
Procedural posture
The debtors were related entities that filed for relief under chapter 11 of the United States Bankruptcy Code, and the cases were jointly administered. In an amended motion, the debtors sought an order determining that two utility companies had adequate assurance of payment. The debtors also sought to establish procedures for adequate assurance for 12 utilities that provided services to the debtors.
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Court
:
- 11 U.S.C.
In re Lee
Mar
12
2008
Ruling
Debtor incarcerated at work camp was "impaired" and exempted from compliance with credit counseling requirement.
Procedural posture
A debtor in a chapter 13 bankruptcy case filed a motion to be excused from the credit counseling briefing requirements of 11 U.S.C.S. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Lopez-Granadino
Mar
12
2008
Ruling
Debtor's third bankruptcy filed less than 180 days after dimissal of second case was presumptively filed in bad faith.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code after two other cases she filed under chapter 13 had already been dismissed, and she filed an emergency motion to declare the automatic stay in effect and to extend the stay so a creditor could not proceed with a foreclosure action. The creditor opposed the motion.
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Court
:
- 11 U.S.C.
In re Chavez
Mar
05
2008
Ruling
Plan confirmed over objection of oversecured creditor who would receive regular payments in amounts greater than necessary for adequate protection.
Procedural posture
The court held a hearing on confirmation of debtor's amended chapter 13 plan. It considered the chapter 13 trustee's recommendation for approval and the objection to confirmation filed by a creditor, based on the creditor's contention that the plan did not provide for it to be paid in equal monthly payments beginning in month one of the plan, and that payments on its claim should not exceed thirty-six months, in light of the age of the vehicle.
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Court
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Hanson v. Kelly (In re Kelly)
Mar
03
2008
Ruling
Claim against debtor contractor who did not properly supervise job, misused funds and made false representations was nondischargeable.
Procedural posture
Plaintiff creditors commenced an adversary proceeding seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(6) as to defendant debtor's obligation resulting from his fraudulent, willful, and intentional injury during the performance of a construction contract.
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Court
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