In re Scarlet Hotels LLC
Aug
22
2008
Ruling
Large award of attorneys' fees of oversecured creditors allowed to stand as due to debtor's poor management of its single asset.
Procedural posture
The debtor appealed from a final order of the United States Bankruptcy Court for the Middle District of Tennessee, challenging the court's award of attorney's fees to law firms for their representation of a trust, the primary creditor of debtor, which operated and was renovating a single asset, a hotel. The debtor argued that the award of $ 469,846 in fees and costs was unreasonable.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
MCS Acquisition Corp. v. Gilpin (In re Gilpin)
Jul
17
2008
Ruling
Bankruptcy court erred in denying relief from stay to allow creditor to pursue rights under judicially approved covenant not to compete.
Procedural posture
Adversary plaintiff, a creditor and the former employer of defendant debtor, appealed from an order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division, that denied its motion for relief from the automatic stay on its motion to enforce a covenant not to compete against the debtor. At issue was whether its equitable rights under the covenant not to compete constituted a claim under 11 U.S.C.S. § 101(5)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Warner v. Gallimore (In re Gallimore)
Jul
10
2008
Ruling
Objection to discharge overruled in absence of evidence of debtor's intent to defraud.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge of defendant debtor in connection with plaintiff's claim to recover a $15,000 payment made to defendant on account of defendant's sale of a trailer to plaintiff because the trailer was later impounded for an invalid VIN. Though the debt was alleged to be nondischargeable under both 11 U.S.C.S. § 727(a)(2)(A) and 11 U.S.C.S. § 523, only the § 727 claim was considered at this time.
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Court
:
- 11 U.S.C.
Commonwealth Ambulance Serv. V. Roush (In re Roush)
Sep
30
2007
Ruling
Restaurant loan extended without proper due diligence was dischargeable.
Procedural posture
Plaintiff corporation filed an adversary proceeding against defendant debtor, pursuant to 11 U.S.C. § 523(a)(2)(A), seeking non-dischargeability of an obligation allegedly owed to the corporation. The court held a trial on the merits and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Miles v. Clarke (In re Miles)
Oct
27
2006
Ruling
Former spouse's attempt to collect on prepetition debt violated discharge injunction.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, seeking a finding of contempt by the spouse for allegedly violating the discharge injunction of 11 U.S.C. § 524(a)(2) by attempting to collect prepetition debts arising from the parties'property settlement. The bankruptcy court conducted an evidentiary hearing.
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Court
:
In re Hall
Jul
31
2006
Ruling
Case was dismissed since debtor did not file petition or chapter 13 plan in good faith.
Procedural posture
Debtor filed for chapter 13 bankruptcy protection. An amended chapter 13 plan was filed, to which a creditor filed an objection pursuant to 11 U.S.C. § 1325(a)(3), (a)(6) and (a)(7), and 11 U.S.C. § 1307. The chapter 13 trustee also objected to confirmation, stating that debtor did not propose to pay the minimum amount into the plan as required by 11 U.S.C. § 1325(b)(1).
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Court
:
LWD Trucking Inc. v. LWD Inc. (In re LWD Inc.)
Jun
06
2006
Ruling
Bankrtuptcy court declined to strike complaint in equitable subordination proceeding that put debtor sufficiently on notice of claims.
Procedural posture
Plaintiff United States Trustee brought an adversary complaint against defendant individuals and company, alleging, inter alia, equitable subordination and seeking payment of the trustee's fees. Defendants moved to dismiss the complaint.
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Court
:
Smith v. Wilson (In re Wilson)
May
18
2006
Ruling
Deficiency balance on motorcycle jointly owned by debtor and debtor's former spouse was deemed dischargeable since deficiency was not in nature of support and debtor lacked ability to pay debt.
Procedural posture
Plaintiff, defendant debtor's former spouse, filed an adversary proceeding against the debtor claiming that a deficiency balance on a motorcycle, a debt for which the former spouse was jointly responsible, should be declared a non-dischargeable debt under 11 U.S.C. § 523(a)(5) or alternatively, 11 U.S.C. § 523(a)(15). The former spouse also alleged that the debtor should be denied his discharge under 11 U.S.C. § 727(a)(2)(A).
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Court
:
Shain v. Shain (In re Shain)
May
17
2006
Ruling
Attorney fees awarded to debtor's former spouse from custody battle case was deemed nondischargeable debt.
Procedural posture
Plaintiff, the former spouse of defendant debtor, filed a complaint contending that attorney fees awarded to him during a custody battle between the parties were nondischargable under 11 U.S.C. § 523(a)(5) and (a)(6).
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Court
:
- 11 U.S.C.
In re Wimpee
May
11
2006
Ruling
Trustee's motion to modify debtor's chapter 13 plan was granted since early payment of monetary amount of plan did not relieve debtors of duty to make payments for at least three years.
Procedural posture
In a chapter 13 proceeding, a trustee brought a motion to modify the debtors'plan from 35 percent to 75 percent for unsecured non-priority creditors pursuant to 11 U.S.C. § 1329(a)(1). The debtors filed an objection to the motion and filed a motion for entry of discharge under 11 U.S.C. § 1328(a).
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Court
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