- 11 U.S.C.
Wians v. Wians (In re Wians)
Dec
12
2014
Ruling
Debt was nondischargeable due to debtor's misappropriation of funds using power of attorney from ailing mother.
Issue(s)
Was debt related to debtor's conduct pursuant to power of attorney from debtor's mother?
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Court
:
In re Armstrong
Nov
07
2014
Ruling
Reaffirmation agreement could not be approved where it would impose undue hardship on debtor.
Issue(s)
Should reaffirmation agreement covering prepetition cash advances be approved?
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Court
:
- 11 U.S.C.
In re Castle Home Builders Inc.
Oct
21
2014
Ruling
Debtor awarded actual damages due to loan servicer's failure to comply with terms of plan.
Issue(s)
Should mortgagee be sanctioned for to bill for a prepetition mortgage notwithstanding modified mortgage terms set forth in debtor's confirmed plan?
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Court
:
Martino v. Miszkowicz (In re Miszkowicz)
Jul
23
2014
Ruling
Ordinary course of business defense did not apply to prevent avoidance of transfers by debtor on loans from other partners related to debtor.
Issue(s)
Were preference period transfers by debtor on loans from other partners related to debtor protected from avoidance by the ordinary course of business exception?
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Court
:
- 11 U.S.C.
Popgrip LLC v. Browns Chicken & Pasta Inc. (In re Browns Chicken & Pasta Inc.)
Dec
06
2013
Ruling
Purchaser of debtor's equipment was entitled to turnover and could assume unscheduled franchise agreements without court approval.
Issue(s)
Was purchaser of debtor's equipment entitled to turnover of the equipment and assumption of franchise agreements.
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Court
:
- 11 U.S.C.
In re Edison Mission Energy
Sep
16
2013
Ruling
Partnership agreements related to gas cogeneration were executory contracts and could be assumed.
Issue(s)
Could gas partnership agreements related to gas cogeneration facilities be assumed .
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Court
:
- 11 U.S.C.
In re GAC Storage Lansing LLC
Feb
27
2013
Ruling
Confirmation of plan denied for lack of feasibility or good faith.
Procedural posture
Debtor limited liability company ("LLC") declared chapter 11 bankruptcy, and the court ordered joint administration of the debtor's case with cases that were filed by related businesses. The debtor filed a third amended chapter 11 plan and asked the court to confirm its plan. A bank that filed a secured claim against the debtor's bankruptcy estate filed an objection to confirmation and moved for relief from the automatic stay.
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Court
:
In re Pasquinelli Homebuilding LLC
Feb
14
2013
Ruling
Trustee could file application to retain litigation consultant and the consultant's fee applications under seal.
Procedural posture
The trustee asked that the court allow him to file under seal an application to retain a litigation consultant and that consultant's fee applications. This request was made to protect the Trustee's litigation strategy involving his investigation of claims against debtor's former principals and third parties.
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Court
:
Gordon Family Trust v. Davajon (In re Davajon)
Jan
31
2013
Ruling
Debt relating to debtor's unauthorized property purchase on behalf of joint venture was nondischargeable.
Procedural posture
Creditors filed a complaint against debtor asking that a claim against the debtor in the amount of $691,397, memorialized in a state court judgment, be ruled non-dischargeable under 11 U.S.C.S. §§ 523(a)(2), (a)(4) and (a)(6).
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Court
:
- 11 U.S.C.
In re Gac Storage Leasing LLC
Jan
10
2013
Ruling
Confirmation denied due to lack of feasibility, failure to meet cramdown requirements and nondisclosure.
Procedural posture
A debtor that was the owner and operator of a self-storage facility sought confirmation of its amended chapter 11 plan. A creditor bank objected to the confirmation.
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Court
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